MATTER OF MARHONE v. SCHUCK

522252.

142 A.D.3d 1232 (2016)

37 N.Y.S.3d 648

In the Matter of CONRAD MARHONE, Petitioner, v. JOHN SCHUCK, as Correction Officer at Attica Correctional Facility, Respondent.

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

Decided September 22, 2016.


During a search of petitioner's prison cell, a correction officer found a rolled-up magazine on a coat hook containing a concealed plastic rod sharpened to a point on one end with a rubber grip on the other end. As a result, petitioner was charged in a misbehavior report with possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was upheld upon administrative appeal. This CPLR article 78 proceeding...

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