MATTER OF JOSEPH v. POLIZZI

526585.

167 A.D.3d 1207 (2018)

90 N.Y.S.3d 335

2018 NY Slip Op 08605

In the Matter of Jeffrey Joseph, Petitioner, v. Anthony Polizzi, as Inmate Disciplinary Hearing Officer, et al., Respondents.

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

Decided December 13, 2018.


Petitioner was charged in two misbehavior reports with assaulting staff, refusing a direct order, engaging in violent conduct, refusing a strip search, possessing a weapon, possessing drugs and tampering with property. The charges stem from the discovery of a green leafy substance — later identified as marihuana — and a scalpel wrapped in tape hidden in the seam of petitioner's boxer shorts and an ensuing struggle between petitioner and correction officers after...

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