Matter of Shearer v. Annucci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McCarthy, J.P.
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.
Petitioner was charged in a misbehavior report with possessing a weapon, smuggling and violating frisk procedures. According to the misbehavior report, an X ray revealed that petitioner had three scalpel blades in his abdomen area. Petitioner was placed on contraband watch, during which three scalpel blade handles were found in petitioner’s feces.…
2Cases cited18 opinions
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- Comfort v. IrvinAppellate Division of the Supreme Court of the State of New York · 1993
- Matter of Bailey v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
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3Cited by24 opinions
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- Matter of Devaughn v. HeffAppellate Division of the Supreme Court of the State of New York · 2020
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