MATTER OF SHUFELT v. ANNUCCI

521705.

138 A.D.3d 1336 (2016)

31 N.Y.S.3d 243

2016 NY Slip Op 03051

In the Matter of RYAN SHUFELT, 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 April 21, 2016.


Petitioner was charged in two misbehavior reports with violating prison disciplinary rules for his conduct on the evening of October 15, 2014. During a pat frisk by a correction officer, two flat, sharpened metal objects, each measuring 10¼ inches long, were discovered in the boots that petitioner was wearing, and he was charged in a misbehavior report with possessing a weapon and smuggling. Later that night, while petitioner was on contraband watch, he defecated and...

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