MATTER OF TORRES v. ANNUCCI

526203.

167 A.D.3d 1191 (2018)

89 N.Y.S.3d 758

2018 NY Slip Op 08595

In the Matter of Guillermo Torres, 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 13, 2018.


After a search of petitioner's cell uncovered a hot pot that had been altered with a paper clip to bypass the temperature sensor, as well as a single pill that had not been prescribed to petitioner, he was charged in a misbehavior report with possessing an altered item, altering state property, creating a potential fire hazard, tampering with electricity and possessing unauthorized medication. Following a tier III disciplinary hearing, petitioner was found guilty of all charges...

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