Ford v. Irvin

—Determination unanimously annulled on the law without costs and petition granted. Memorandum: Petitioner was found guilty of violating inmate rules 109.11 (7 NYCRR 270.2 [B] [10] [ii] [leaving assigned area without authorization]) and 116.12 (7 NYCRR 270.2 [B] [17] [iii] [forging a document]). The Hearing Officer relied on a misbehavior report prepared by Correction Officer Gagliardi. According to the report, petitioner had a visitor and was waiting for Gagliardi to return from the bathroom to fill out a clearance pass. The report alleged that, while Gagliardi was in the bathroom, petitioner…