MATTER OF LOPEZ v. ANNUCCI

522839.

146 A.D.3d 1262 (2017)

2017 NY Slip Op 00525

45 N.Y.S.3d 700

In the Matter of LUIS LOPEZ, 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 26, 2017.


Petitioner was charged in a misbehavior report with refusing a search or frisk, refusing a direct order, violent conduct, assault on staff and creating a disturbance. The charges followed an incident that occurred while petitioner was being pat frisked by a correction officer, in which petitioner repeatedly punched and kicked that officer, slamming her back into the cage. When several correction officers arrived to assist, petitioner punched and assaulted them, refusing direct...

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