MATTER OF BOITSCHENKO v. ANNUCCI

523226.

156 A.D.3d 1066 (2017)

65 N.Y.S.3d 488

2017 NY Slip Op 08761

In the Matter of BRIAN BOITSCHENKO, 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 December 14, 2017.


Petitioner, while incarcerated at the Willard Drug Treatment Center, was charged in a misbehavior report with violating the prison disciplinary rules prohibiting smuggling and possessing contraband. According to the misbehavior report, several inmates informed a counselor at the facility that petitioner was bringing certain medications back to his cube and either selling those medications to other inmates or crushing the pills and snorting them to get high. When a correction...

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