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MATTER OF BOTTOM v. ANNUCCI

No. 135

26 N.Y.3d 983 (2015)

41 N.E.3d 66

19 N.Y.S.3d 209

2015 NY Slip Op 07696

In the Matter of ANTHONY BOTTOM, Appellant, v. ANTHONY ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Wyoming County Attica Legal Aid Bureau, Warsaw ( Norman P. Effman of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Allyson B. Levine , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

Petitioner Anthony Bottom appeals from a judgment confirming a disciplinary determination of respondent, the Acting Commissioner of the Department of Corrections and Community Supervision (DOCCS), that petitioner violated DOCCS rule 113.22. That rule states, "[a]n inmate shall not use or possess an article in an area where its use or possession...

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