MATTER OF RAMOS v. ANNUCCI

533640.

203 A.D.3d 1370 (2022)

160 N.Y.S.3d 925

2022 NY Slip Op 01499

In the Matter of David Ramos, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 10, 2022.


Attorney(s) appearing for the Case

David Ramos, Coxsackie, petitioner pro se.

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

Egan Jr., J.P., Lynch, Aarons, Reynolds Fitzgerald and Fisher, JJ., concur.


During a random search of petitioner's cell, a correction officer discovered on the top lip of petitioner's locker an ice pick-type weapon. The weapon consisted of a sharp piece of metal with cloth wrapped around the handle and measured 4½ inches by 2 inches. As a result, petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item. Following a tier III disciplinary hearing, he was found guilty of the charges, and the determination...

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