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MATTER OF HYATT v. ANNUCCI

520781.

137 A.D.3d 1382 (2016)

27 N.Y.S.3d 282

2016 NY Slip Op 01709

In the Matter of SHANE HYATT, 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 March 10, 2016.

During a search of petitioner's cell, a correction officer found written documents pertaining to an unauthorized organization as well as handwritten directions on how to build a "stink bomb." As a result, he was charged in a misbehavior report with possessing written material relating to an unauthorized organization and possessing material describing the construction of an explosive device. He was found guilty of the charges following a tier III disciplinary hearing and the...

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