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Matter of Terry v. Annucci

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 578 (N.Y. App. Div. 1994)

Opinion

July 7, 1994

Appeal from the Supreme Court, Albany County (Canfield, J.).


Petitioner's designation as a central monitoring case was based not only upon the fact that he was found with escape paraphernalia, but also on the finding that he had become a severe management problem. Under the circumstances, it cannot be said that said designation was arbitrary or capricious. Furthermore, because petitioner has not been precluded from participating in programs that are available to other prisoners, there is no merit to his contentions that such a designation has affected a liberty interest or resulted in prejudice. Any remaining contentions advanced by petitioner have been considered and found lacking in merit.

Mikoll, J.P., Crew III, White, Weiss and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Terry v. Annucci

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 578 (N.Y. App. Div. 1994)
Case details for

Matter of Terry v. Annucci

Case Details

Full title:In the Matter of TERRY J., Appellant, v. ANTHONY J. ANNUCCI, as Deputy…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 7, 1994

Citations

206 A.D.2d 578 (N.Y. App. Div. 1994)
614 N.Y.S.2d 581

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