Legal Opinion

Matter of Macedonio v. Annucci

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

Decided September 15, 2016No. 522369PublishedCited by 8 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 Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

A search of petitioner’s cell revealed a plastic jar containing paint and two lewd paintings on the cell wall. Petitioner was thereafter charged in a misbehavior report with possessing contraband, destroying state property and failing to keep an orderly and clean cell. Following a tier II disciplinary hearing,…

2Cases cited5 opinions

  1. Alvarez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Freeman v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  3. Davila v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  4. Sweeter v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Covington v. HarfordAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by8 opinions

  1. Matter of Dushain v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Wright v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  3. Nitti v. County of TiogaAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Ashishi v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Bonds v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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