MATTER OF BAXTON v. ANNUCCI

522377.

142 A.D.3d 1235 (2016)

38 N.Y.S.3d 633

In the Matter of JAMES BAXTON, 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 September 22, 2016.


After petitioner's urine twice tested positive for marihuana, he was charged in a misbehavior report with use of a controlled substance. He was found guilty following a tier III disciplinary hearing and, as a penalty, the Hearing Officer restored a previously suspended 134-day sentence to the special housing unit. That determination was affirmed on administrative appeal with a modified reduction of the penalty by 30 days, and this CPLR article 78 proceeding ensued.

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