Legal Opinion

Matter of Dushain v. Annucci

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

Decided July 27, 2017No. 523986PublishedCited by 4 opinions

1Opinion of the Court

Proceeding 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 certain prison disciplinary rules.

Upon completing his commissary work assignment, a pat frisk of petitioner revealed four packages of Barcelona Health Mix hidden in petitioner’s boots. As a result, petitioner was charged in a misbehavior report with possessing stolen property and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. The determination…

2Cases cited9 opinions

  1. Accardi v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Matter of Macedonio v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of McBride v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Infante v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  5. Injah Tafari v. SelskyAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by4 opinions

  1. Matter of Lewis v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Washington v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Dawes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Maldonado v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018

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