MATTER OF CARELOCK v. ANNUCCI

521701.

138 A.D.3d 1336 (2016)

28 N.Y.S.3d 641

2016 NY Slip Op 03050

In the Matter of ROBERT CARELOCK, 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 April 21, 2016.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing a weapon after a search of his cell revealed a flat steel-like weapon secreted under a small locker in his cell. Contrary to petitioner's contention, the misbehavior report, weapon, unusual incident report, related confidential documentation, testimony at the hearing and the inferences to be drawn therefrom provide substantial evidence to support the determination...

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