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MATTER OF PENA v. ANNUCCI

NO. 523263

147 A.D.3d 1142 (2017)

45 N.Y.S.3d 824

2017 NY Slip Op 00711

In the Matter of RUBEN PENA, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 2, 2017.

Following an investigation into gambling activity that included a search of petitioner's cell, petitioner was charged in a misbehavior report with gambling, possessing an altered item, possessing contraband and lying. Following a tier II disciplinary hearing, petitioner was found guilty of possessing an altered item and gambling but not guilty of the remaining charges. That determination was affirmed upon administrative appeal...

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