MATTER OF MARSHALL v. ANNUCCI

523294.

149 A.D.3d 1436 (2017)

2017 NY Slip Op 03237

52 N.Y.S.3d 731

In the Matter of HAROLD MARSHALL, 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.


Petitioner was observed fighting with another inmate in a prison kitchen area and, later that day, a cell search disclosed a lighter in a boot on top of his food locker and religious oils in a bowl inside his clothing locker containing his personal belongings. He was charged in two misbehavior reports with fighting, violent conduct and creating a disturbance relative to the first incident, and possession of unauthorized contraband for the items found in his cell. Following...

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