MATTER OF CENDALES v. ANNUCCI

527758.

175 A.D.3d 778 (2019)

106 N.Y.S.3d 424

2019 NY Slip Op 06037

In the Matter of Latasio A. Cendales, Appellant, 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 August 1, 2019.


During a search of petitioner's cell, a 10¼-inch metal object sharpened to a point was found inside the altered top of a locker in petitioner's cell. Petitioner was charged with possession of a weapon and, following a tier III disciplinary hearing, he was found guilty of that charge. The determination was upheld on administrative appeal, with a modified penalty.

Petitioner commenced this CPLR article 78 proceeding and, following service of respondent's answer...

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