MATTER OF WILLIAMS v. ANNUCCI

521086.

137 A.D.3d 1355 (2016)

25 N.Y.S.3d 911

2016 NY Slip Op 01535

In the Matter of DANIEL WILLIAMS, 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 March 3, 2016.


Petitioner was charged in a misbehavior report with possession of gang-related material after a search of his property uncovered numerous pictures depicting people displaying hand signs associated with a gang. Following a tier III disciplinary hearing, petitioner was found guilty of that charge. The determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

The misbehavior report, photographs and testimony at the hearing provide...

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