MATTER OF CURRY v. ANNUCCI

523188.

148 A.D.3d 1395 (2017)

2017 NY Slip Op 01938

48 N.Y.S.3d 638

In the Matter of JOHN CURRY, 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 March 16, 2017.


Petitioner was charged in a misbehavior report with refusing a direct order and failing to follow lock-in procedures after he twice disregarded a correction officer's directive to lock in his cell, which required that the correction officer leave his post and escort petitioner to his cell. Following a tier II disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued...

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