MATTER OF MASON v. ANNUCCI

524130.

153 A.D.3d 1013 (2017)

56 N.Y.S.3d 906

2017 NY Slip Op 06033

In the Matter of CHRISTOPHER MASON, 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 August 3, 2017.


Petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item after a search of his cell uncovered seven pieces of, what appeared to be, copper wire that had been sharpened to a point. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed on administrative appeal with a modification of the penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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