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MATTER OF WILLIAMS v. ANNUCCI

518213

120 A.D.3d 1479 (2014)

991 N.Y.S.2d 918

2014 NY Slip Op 06139

In the Matter of CHARLES WILLIAMS, Petitioner, v. ANTHONY ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 11, 2014.

Petitioner, a prison inmate, was charged in a misbehavior report with possession of a controlled substance after a cell frisk revealed a playing card that had been rolled into a tube and contained a black burnt substance that later tested positive for marihuana. Following a tier III disciplinary hearing, he was found guilty, and that determination was affirmed upon administrative appeal. Petitioner thereafter commenced this CPLR...

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