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MATTER OF GASTON v. ANNUCCI

NO. 523035

147 A.D.3d 1131 (2017)

45 N.Y.S.3d 716

2017 NY Slip Op 00698

In the Matter of RAYMOND GASTON, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 2, 2017.

Petitioner was charged in a misbehavior report with possessing an altered item and damaging state property. According to the misbehavior report, petitioner used rubber pads that appeared to be cut from the interior of an athletic ball while exercising in the recreation yard of the correctional facility. Following a tier II disciplinary hearing, petitioner was only found guilty of possessing an altered item. That determination...

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