MATTER OF DAGNONE v. ANNUCCI

NO. 523903

149 A.D.3d 1461 (2017)

52 N.Y.S.3d 740

2017 NY Slip Op 03259

In the Matter of SALVATORE DAGNONE, 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 charged in a misbehavior report with possessing an altered item and possessing contraband after a search of his cell uncovered two cassette tape players altered to be able to record and 11 homemade cassette tapes. Following a tier III disciplinary hearing, at which petitioner pleaded guilty to possessing an altered item, he was found guilty of both charges and that determination was affirmed on administrative appeal. Petitioner commenced this CPLR article 78...

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