MATTER OF PETTERSON v. ANNUCCI

1428 TP 17-01002.

156 A.D.3d 1447 (2017)

65 N.Y.S.3d 893

2017 NY Slip Op 09035

In the Matter of TERRY PETTERSON, Petitioner, v. ANTHONY ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 22, 2017.


It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated various inmate rules, including inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [possession of a weapon]). Contrary to petitioner's contention, we conclude that there is substantial evidence to...

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