MATTER OF MACEDONIO v. ANNUCCI

522369.

142 A.D.3d 1215 (2016)

37 N.Y.S.3d 359

In the Matter of CARL MACEDONIO, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided September 15, 2016.


A search of petitioner's cell revealed a plastic jar containing paint and two lewd paintings on the cell wall. Petitioner was thereafter charged in a misbehavior report with possessing contraband, destroying state property and failing to keep an orderly and clean cell. Following a tier II disciplinary hearing, petitioner was found guilty of possessing contraband, but not guilty of the remaining charges. This determination was affirmed on administrative appeal and this CPLR...

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