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MATTER OF DAVIS v. ANNUCCI

521535.

140 A.D.3d 1432 (2016)

34 N.Y.S.3d 667

2016 NY Slip Op 04761

In the Matter of JAMES DAVIS, 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 June 16, 2016.

Petitioner was charged in a misbehavior report with possessing a weapon, possessing a controlled substance, possessing an intoxicant and possessing an unauthorized medication. Following a tier III disciplinary hearing, he was found guilty as charged. Upon administrative review, the guilty determinations regarding the charges of possessing a controlled substance and possessing an intoxicant were reversed, with no change in the penalty. Petitioner thereafter commenced this...

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