MATTER OF GUILLORY v. ANNUCCI

518938.

125 A.D.3d 1024 (2015)

1 N.Y.S.3d 581

In the Matter of PATRICK GUILLORY, 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 February 5, 2015.


While an inmate was assaulting a correction officer, another inmate encouraged a group of inmates to fight with staff who were responding to the incident. Petitioner was in the group and attempted to push open a door in an effort to reach the area and join in the altercation. As a result, petitioner was charged in a misbehavior report with inciting a riot, engaging in violent conduct, being out of place, creating a disturbance and interfering with an employee. Following a...

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