MATTER OF CRUZ v. ANNUCCI

523539.

149 A.D.3d 1446 (2017)

2017 NY Slip Op 03244

50 N.Y.S.3d 894

In the Matter of ELIAS CRUZ, 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 April 27, 2017.


During a search of petitioner's cell, a correction officer found two state-issued sheets and a pillow case that had been ripped as well as a state-issued T-shirt with a missing hem. Petitioner refused the officer's request to make voluntary restitution for the items damaged and purportedly used profane language toward the officer. He was charged in a misbehavior report with possessing an altered item, damaging state property and verbally harassing an employee. Following a...

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