MATTER OF SANTIAGO v. CUNNINGHAM

518991.

121 A.D.3d 1495 (2014)

995 N.Y.S.2d 650

2014 NY Slip Op 07419

In the Matter of MIGUEL A. SANTIAGO, Petitioner, v. ROBERT F. CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided October 30, 2014.


During the search of a refrigerator shared by multiple inmates, a correction officer found a net bag belonging to petitioner that contained food items that had been stolen from the kitchen. As a result, petitioner was charged in a misbehavior report with smuggling, stealing, wasting food and possessing stolen property. Following a tier II disciplinary hearing, he was found guilty of possessing stolen property. The determination was later affirmed on administrative appeal...

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