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MATTER OF DOUGLAS v. ANNUCCI

524506.

155 A.D.3d 1216 (2017)

63 N.Y.S.3d 272

2017 NY Slip Op 07914

In the Matter of AMIR DOUGLAS, 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 November 9, 2017.

Based on allegations that petitioner was found to have a cutting-type weapon on his person when he was frisked and then found to have a second cutting-type weapon hidden in his cell, he was charged in a misbehavior report with possessing a weapon and smuggling. After a tier III disciplinary hearing, petitioner was found guilty of the charges. Following administrative review, this CPLR article 78 proceeding ensued.

The misbehavior report, hearing testimony, unusual...

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