MATTER OF SMITH v. ANNUCCI

519191

126 A.D.3d 1198 (2015)

3 N.Y.S.3d 636

2015 NY Slip Op 02164

In the Matter of JESSIE SMITH, 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 March 19, 2015.


Petitioner was charged in a misbehavior report with committing an unhygienic act and disobeying a direct order. The misbehavior report relates that, during a strip search, petitioner notified the correction officer that he needed to use the restroom. Although the correction officer directed petitioner to continue with the strip search, petitioner urinated on himself and the floor. At the ensuing tier III disciplinary hearing, petitioner initially pleaded not guilty to the...

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