MATTER OF PIERRE v. ANNUCCI

534568.

219 A.D.3d 990 (2023)

193 N.Y.S.3d 746

2023 NY Slip Op 04162

In the Matter of Rodney Pierre, 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 August 3, 2023.


Attorney(s) appearing for the Case

Rodney Pierre, Utica, petitioner pro se.

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

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Ceresia, 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. The weapon, consisting of a sock weighted at the toe end and tied off at the other end, was discovered among petitioner's personal property after packing up his cube...

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