MATTER OF ELEBY v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

CV-23-0841.

2024 NY Slip Op 00483

In the Matter of Terrell Eleby, Petitioner, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided February 1, 2024.


Attorney(s) appearing for the Case

Terrell Eleby, Ossining, petitioner pro se.

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

Before: Clark, J.P., Aarons, Reynolds Fitzgerald, McShan and Powers, JJ.


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 the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possessing a weapon after a search of his cell uncovered a toothbrush handle with a nail embedded in it and a piece of plexiglass tapered...

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