Barto v. Berbary

— CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County (Pietruszka, J.), entered December 13, 2002, to review a determination of respondents after a Tier II hearing.

It is hereby ordered that the determination be and the same hereby is unanimously modified on the law by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 113.23 (7 NYCRR 270.2 [B] [14] [xiv]) and as modified the determination is confirmed without costs, and respondents are directed to expunge from petitioner’s…