MATTER OF BREAZIL v. GRIFFIN

528431.

175 A.D.3d 1697 (2019)

109 N.Y.S.3d 760

2019 NY Slip Op 06671

In the Matter of Terrance Breazil, Petitioner, v. Thomas Griffin, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

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

Decided September 19, 2019.


Attorney(s) appearing for the Case

Terrance Breazil, Auburn, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Garry, P.J., Clark, Mulvey, Aarons and Rumsey, JJ., concur.


Petitioner was charged in a misbehavior report with fighting and assaulting an inmate. Petitioner was placed in mechanical restraints as a result of the alleged incident and, upon an ensuing pat-frisk, two ice pick-type weapons were allegedly found in petitioner's front pant pockets, which resulted in petitioner being charged in a second misbehavior report with possessing a weapon. Following a tier III disciplinary hearing on both misbehavior reports, petitioner was found...

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