MATTER OF KIRBY v. ANNUCCI

NO. 523049

147 A.D.3d 1134 (2017)

46 N.Y.S.3d 292

2017 NY Slip Op 00702

In the Matter of ANDRE KIRBY, 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 February 2, 2017.


Petitioner was charged in a misbehavior report with smuggling and possessing drugs after a search of his cell uncovered a small bundle of a green leafy substance and a balloon containing a green leafy substance wrapped in cellophane and hidden inside a sock in petitioner's locker, which later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed upon administrative appeal....

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