MATTER OF WENDELL v. ANNUCCI

523090.

149 A.D.3d 1430 (2017)

2017 NY Slip Op 03232

51 N.Y.S.3d 707

In the Matter of TIMOTHY J. WENDELL, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 27, 2017.


A green leafy substance was found in petitioner's cell that, after testing, was determined to be synthetic marihuana. Petitioner was charged in a misbehavior report with possessing contraband and possessing drugs. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was upheld on administrative appeal with a modified penalty, and this CPLR article 78 proceeding ensued.

The misbehavior report, testimony of its author who...

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