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MATTER OF TERRENCE v. ANNUCCI

520883.

134 A.D.3d 1339 (2015)

20 N.Y.S.3d 922

2015 NY Slip Op 09345

In the Matter of GILL TERRENCE, 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 17, 2015.

Petitioner was charged in a misbehavior report with lewd conduct after he watched a correction officer from the shower, stepped out of the shower and exposed himself, then returned to the shower leaving the curtain open and began masturbating. Petitioner was found guilty following a tier III disciplinary hearing. That determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

Contrary...

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