MATTER OF BENITEZ v. ANNUCCI

527381.

172 A.D.3d 1855 (2019)

101 N.Y.S.3d 513

2019 NY Slip Op 04252

In the Matter of Andrew Benitez, 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 May 30, 2019.


During a search of petitioner's cell, a correction officer found certain documents containing gang-related references, including a reference to petitioner participating in a recent assault at the correctional facility that was being investigated at the time. As a result, petitioner was charged in a misbehavior report with possessing gang-related material and conspiring to assault an inmate. Following a tier III disciplinary hearing, petitioner was found guilty as charged...

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