MATTER OF NIEVES v. ANNUCCI

519030

123 A.D.3d 1368 (2014)

997 N.Y.S.2d 847

2014 NY Slip Op 08942

In the Matter of BRANDON NIEVES, 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 December 24, 2014.


A search of petitioner's cell disclosed a sharpened can lid taped to the inner lip of a locker in his double bunk cell, in which he was the sole occupant. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III hearing, petitioner was found guilty of that charge, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and testimony...

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