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MATTER OF ENCARNACION v. ANNUCCI

523266.

150 A.D.3d 1581 (2017)

55 N.Y.S.3d 516

2017 NY Slip Op 04181

In the Matter of BERNABE ENCARNACION, Appellant, 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 May 25, 2017.

Petitioner was charged in a misbehavior report with lying following an investigation into petitioner's accusation that he was physically and sexually assaulted by correction facility staff. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and the determination was affirmed on administrative appeal...

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