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MATTER OF DAVIS v. ANNUCCI

518754

123 A.D.3d 1279 (2014)

996 N.Y.S.2d 404

2014 NY Slip Op 08707

In the Matter of ANTHONY DAVIS, 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 was charged in a misbehavior report with assault, committing a sex offense, interfering with staff, being out of place, and leaving an assigned area without authorization. The charges stem from an incident wherein petitioner, while working as a porter in the infirmary, allegedly touched a nurse's buttocks and, after being rebuked by the nurse, left his assigned area and returned to his cell without authorization. Following a tier III disciplinary hearing, petitioner...

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