Legal Opinion

Thompson v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2016Published

1Opinion of the Court

*1304Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

A metal razor with a black electrical tape handle and sheath were found in petitioner’s cell during a random search. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of that charge, and that determination was upheld upon administrative review. This CPLR…

2Cases cited8 opinions

  1. Vines v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Diaz v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  4. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Lacey v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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