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MATTER OF MOSLEY v. ANNUCCI

522599.

146 A.D.3d 1054 (2017)

2017 NY Slip Op 00061

45 N.Y.S.3d 632

In the Matter of MANUEL MOSLEY, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 5, 2017.

While inmates were returning from recreation, a correction officer observed petitioner exit the gym, walk toward another inmate and make a slashing motion toward the inmate's face. The officer then witnessed petitioner push the inmate into the snow and drop an unknown object near the walkway...

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