MATTER OF AUSTIN v. ANNUCCI

523093.

145 A.D.3d 1263 (2016)

2016 NY Slip Op 08291

42 N.Y.S.3d 681

In the Matter of DERREL AUSTIN, 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 December 8, 2016.


Following an investigation that revealed petitioner's involvement in the supply and distribution of synthetic marihuana, or K-2, within the prison facility to five other inmates, he was charged in a misbehavior report with smuggling, selling an intoxicant and possession of a dangerous substance. Following a tier III disciplinary hearing, petitioner was found guilty of smuggling and selling an intoxicant. The determination was affirmed on administrative appeal, and this CPLR...

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