MATTER OF THOMPSON v. ANNUCCI

522830.

145 A.D.3d 1303 (2016)

2016 NY Slip Op 08422

43 N.Y.S.3d 607

In the Matter of BENJAMIN THOMPSON, 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 15, 2016.


A metal razor with a black electrical tape handle and sheath were found in petitioner's cell during a random search. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of that charge, and that determination was upheld upon administrative review. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, unusual incident report and supporting...

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