MATTER OF ORTEGA v. ANNUCCI

518694

122 A.D.3d 1051 (2014)

994 N.Y.S.2d 742

2014 NY Slip Op 07731

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

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

Decided November 13, 2014.


Petitioner, an inmate, was charged with losing state property after he reported that certain items were missing from his locker, including his state-issued razor blade. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. The determination was affirmed upon administrative appeal, with a later penalty reduction, and petitioner commenced this CPLR article 78 proceeding.

We confirm. The "factually specific" misbehavior report...

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