Legal Opinion

Matter of Micolo v. Annucci

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

Decided June 16, 2016No. 521758PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Hard, J.), entered July 8, 2015, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

During a random pat frisk of petitioner, he was discovered in possession of two partially crushed pills of percocet that he was supposed to have consumed earlier that day when it was given to him at the medical window. As a result, he was charged in a misbehavior report with possessing an authorized item in an…

2Cases cited3 opinions

  1. Cliff v. KingsleyAppellate Division of the Supreme Court of the State of New York · 2002
  2. Matter of Garcia v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  3. Smith v. QuinnAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by6 opinions

  1. Matter of Bermudez v. GriffinAppellate Division of the Supreme Court of the State of New York · 2016
  2. Mitchell v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Curtis v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Joseph v. PolizziAppellate Division of the Supreme Court of the State of New York · 2018
  5. Mitchell v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017

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