MATTER OF McDONALD v. ANNUCCI

522495.

142 A.D.3d 1217 (2016)

37 N.Y.S.3d 460

In the Matter of KASHIF McDONALD, 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 September 15, 2016.


During a search of petitioner's cell, a correction officer found on the ground a honey bottle and a fingertip from a latex glove, both containing urine. Petitioner was charged with possessing contraband, committing an unhygienic act and violating urinalysis procedures. Following a tier III disciplinary hearing at which the urinalysis procedure charge was dismissed, petitioner was found guilty of the remaining charges, a determination that was upheld on administrative appeal...

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