MATTER OF DUCHNOWSKI v. ANNUCCI

526952.

170 A.D.3d 1362 (2019)

95 N.Y.S.3d 644

2019 NY Slip Op 01875

In the Matter of Leo Duchnowski, Petitioner, v. Anthony J. Annucci, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 14, 2019.


Petitioner was charged in a misbehavior report with damaging state property, tampering with electrical outlets and possessing property in an unauthorized area. The charges stem from a correction officer observing petitioner unscrewing a light fixture in the infirmary in an attempt to create a spark in order to light a cigarette and, upon further investigation, discovering that an electrical outlet had been destroyed, another damaged and the light bulb being pulled from the...

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