MATTER OF AFRIKA v. BLACKMAN

522876.

149 A.D.3d 1369 (2017)

2017 NY Slip Op 03090

53 N.Y.S.3d 221

In the Matter of NACHE AFRIKA, Petitioner, v. J.A. BLACKMAN, as Correction Officer at Elmira Correctional Facility, et al., Respondents.

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

Decided April 20, 2017.


When petitioner returned to the gallery where his cell was located, he was observed carrying two televisions wrapped in towels in a net bag. The televisions had other inmates' identification numbers on them, and petitioner did not have a permit to possess them. He was charged in a misbehavior report with unauthorized exchange and, following a tier II disciplinary hearing, he was found guilty and a penalty of counseling was imposed. The determination was upheld on administrative...

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