MATTER OF LALIVERES v. ANNUCCI

524970.

156 A.D.3d 1106 (2017)

65 N.Y.S.3d 475

2017 NY Slip Op 08791

In the Matter of RASHID LALIVERES, 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.


After observing another inmate enter and exit petitioner's cell, a subsequent pat frisk of that inmate revealed a SONY Walkman with petitioner's department identification number on it, and, upon further inspection, a correction officer found hidden inside the Walkman eight sublingual strips of suboxone. As a result, petitioner was charged in a misbehavior report with possession of contraband and drug possession. Following a tier III disciplinary hearing, he was found guilty...

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