MATTER OF MEEHAN v. ANNUCCI

522052.

144 A.D.3d 1278 (2016)

2016 NY Slip Op 07361

40 N.Y.S.3d 671

In the MATTER OF DENNIS MEEHAN, 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 November 10, 2016.


Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of buprenorphine. He was found guilty of the charge following a tier II disciplinary hearing. At the conclusion of the hearing, he was advised that he could take an appeal to the superintendent of the correctional facility within 72 hours. Petitioner filed an administrative appeal, but the superintendent rejected it and mistakenly...

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