Legal Opinion

Matter of McFarlane v. Annucci

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

Decided December 15, 2016No. 523206PublishedCited by 2 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.

After petitioner concluded a visit with his son, he was strip frisked and a correction officer noticed a foreign substance in his rectal area. As a result, petitioner was placed on a contraband watch and the correction officer observing him saw him suspiciously move his hand around his groin area, place an unknown item on his food tray and mix it with food. The…

2Cases cited5 opinions

  1. Hand v. GutweinAppellate Division of the Supreme Court of the State of New York · 2014
  2. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Deboue v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Gross v. YelichAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Allaway v. PrackAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by2 opinions

  1. Matter of Reyes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of McFarlane v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

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