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MATTER OF WIMBERLY v. ANNUCCI

529964.

185 A.D.3d 1364 (2020)

126 N.Y.S.3d 432

2020 NY Slip Op 04355

In the Matter of Jalah Wimberly, 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 July 30, 2020.

Petitioner was charged in a misbehavior report with engaging in or encouraging a sexual act, violating visitation procedures and creating a disturbance. The charges stemmed from an incident in the visitation room in which a correction officer observed petitioner's wife rubbing petitioner's penis. Following a tier III disciplinary hearing, petitioner was found guilty as charged and that determination was upheld on administrative...

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