MATTER OF SPENCER v. ANNUCCI

518442

122 A.D.3d 1043 (2014)

994 N.Y.S.2d 873

2014 NY Slip Op 07722

In the Matter of NIGEL SPENCER, Petitioner, v. ANTHONY ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 13, 2014.


After an inmate was attacked with an edged weapon, an eyewitness confidentially identified petitioner as the aggressor. As a result, petitioner was charged in a misbehavior report with violations of various prison disciplinary rules. The initial determination was reversed upon administrative review but, following a rehearing, petitioner was found not guilty of creating a disturbance but guilty of engaging in violent conduct, assault and weapons possession. That determination...

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