MATTER OF VILLAFANE v. ANNUCCI

535131.

216 A.D.3d 1383 (2023)

189 N.Y.S.3d 819

2023 NY Slip Op 02816

In the Matter of Anthony Villafane, 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 May 25, 2023.


Attorney(s) appearing for the Case

Anthony Villafane, Stormville, petitioner pro se.

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

Aarons, J.P., Reynolds Fitzgerald, Ceresia, Fisher and McShan, JJ., concur.


Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possessing a weapon after an exacto-type knife blade with a handle and sheath was found hidden inside a combination light switch and electrical outlet box that was mounted on the rear wall...

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