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MATTER OF DUSHAIN v. ANNUCCI

523986.

152 A.D.3d 1120 (2017)

2017 NY Slip Op 05900

56 N.Y.S.3d 486

In the Matter of CARL DUSHAIN, 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 July 27, 2017.

Upon completing his commissary work assignment, a pat frisk of petitioner revealed four packages of Barcelona Health Mix hidden in petitioner's boots. As a result, petitioner was charged in a misbehavior report with possessing stolen property and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. The determination was upheld upon administrative appeal, and this CPLR article 78 proceeding ensued.

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