MATTER OF DIAZ v. ANNUCCI

532483.

195 A.D.3d 1297 (2021)

145 N.Y.S.3d 87

2021 NY Slip Op 03898

In the Matter of Frederick Diaz, 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 June 17, 2021.


Attorney(s) appearing for the Case

Frederick Diaz, Elmira, petitioner pro se.

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

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


Petitioner was charged in a misbehavior report with possessing unauthorized literature, possessing contraband and possessing employee information. As relevant here, the charges stemmed from petitioner possessing a map of New York and a facility employee roster, both of which were found in petitioner's personal file cabinet drawer in the law library where petitioner worked. Following a tier III disciplinary hearing, petitioner was found guilty of possessing contraband and...

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