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MATTER OF VIERA v. ANNUCCI

332 TP 18-02024.

170 A.D.3d 1645 (2019)

94 N.Y.S.3d 904

2019 NY Slip Op 02227

In the Matter of Terell Viera, Jr., 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 March 22, 2019.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination, following a tier II disciplinary hearing, that he violated inmate rule 116.13 (7 NYCRR 270.2 [B] [17] [iv] [possession of stolen property]). Contrary to petitioner's contention, the misbehavior report, the testimony of the author of that report, and...

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