MATTER OF HARRELL v. ANNUCCI

532917.

204 A.D.3d 1268 (2022)

165 N.Y.S.3d 383

2022 NY Slip Op 02595

In the Matter of Christopher Harrell, 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 April 21, 2022.


Attorney(s) appearing for the Case

Christopher Harrell, Napanoch, petitioner pro se.

Letitia James , Attorney General, Albany ( Owen Demuth of counsel), for respondents.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald, Colangelo and McShan, JJ., concur.


Petitioner was charged in a misbehavior report with violating facility visiting procedures. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and a penalty was imposed. Upon administrative review, the determination was affirmed, prompting petitioner to commence this CPLR article 78 proceeding to challenge the determination of guilt.

We confirm. The misbehavior report and testimony of the authoring correction officer constitute substantial...

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