MATTER OF SPENCER v. ANNUCCI

531097.

190 A.D.3d 1247 (2021)

136 N.Y.S.3d 921

2021 NY Slip Op 00475

In the Matter of Devante Spencer, 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 January 28, 2021.


Attorney(s) appearing for the Case

Devante Spencer, Ossining, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Clark, Aarons, Pritzker and Colangelo, JJ., concur.


Petitioner was charged in a misbehavior report with possessing a weapon after a flat metal shank was uncovered in the cell track during a search of his cell. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. Contrary to petitioner's contention, the misbehavior report, related documentation and testimony...

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