IN RE: NATHANIEL C. PARARA (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: NATHANIEL C. PARARA, PETITIONER, v. MICHELLE A. ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT. NATHANIEL C. PARARA, PETITIONER PRO SE.

TP 14–00430

Decided: November 14, 2014

PRESENT: SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (J. RICHARD BENITEZ OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Livingston County [Dennis S. Cohen, A.J.], entered March 6, 2014) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various inmate rules.

It is hereby ORDERED that the determination so appealed from is unanimously modified on the law without costs, the petition is granted and respondent is directed to expunge from petitioner's institutional record all references to the violation of inmate rules 106.10 (7 NYCRR 270.2[B][7][i] ) and 118.30 (7 NYCRR 270.2[B][19] [viii] ).

Based on our determination, we do not address petitioner's remaining contentions.

Frances E. Cafarell

Clerk of the Court

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