MATTER OF FERRIL v. ANNUCCI

520214.

134 A.D.3d 1264 (2015)

20 N.Y.S.3d 753

2015 NY Slip Op 09150

In the Matter of DONOVAN FERRIL, Appellant, 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 10, 2015.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of disobeying a direct order and possession of authorized material in an unauthorized area. Specifically, the charges stemmed from the discovery of several sexually explicit magazine pages in petitioner's cell that, given petitioner's participation in a sex offender counseling and treatment program, were prohibited from being in his possession. Petitioner was found guilty of...

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