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MATTER OF McCALL v. ANNUCCI

518447

123 A.D.3d 1267 (2014)

996 N.Y.S.2d 557

2014 NY Slip Op 08699

In the Matter of ALLAH McCALL, 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 December 11, 2014.

Petitioner became disruptive as he approached a gate emptying into the prison yard, and he struck a correction officer with his shoulder as he walked through the gate. He then punched the officer and had to be subdued. Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and creating a disturbance. He pleaded guilty to creating a disturbance and, at the conclusion of a tier III disciplinary...

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