MATTER OF MAISONET v. ANNUCCI

524870.

159 A.D.3d 1172 (2018)

73 N.Y.S.3d 265

2018 NY Slip Op 01522

In the Matter of MICHAEL MAISONET, 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 March 8, 2018.


Based upon reports that petitioner had threatened another inmate with a weapon, a search of his cell was conducted and a sharpened metal shank was found concealed in his left work boot under his bed. As a result, petitioner was charged in a misbehavior report with possession of a weapon and, following a tier III disciplinary hearing, he was found guilty of this charge. That determination was upheld on administrative appeal, with a reduction in the penalty assessed. Petitioner...

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