MATTER OF HYATT v. ANNUCCI

519022.

127 A.D.3d 1479 (2015)

5 N.Y.S.3d 914

2015 NY Slip Op 03429

In the Matter of SHANE HYATT, 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 April 23, 2015.


Petitioner, a prison inmate, refused a correction officer's directive to return to his cell and stood with his foot against the cell door, thereby preventing it from closing. As a result, he was charged in a misbehavior report with refusing a direct order, harassment, interference with an employee, refusal of a search or frisk, and a movement regulation violation. Following a tier III disciplinary hearing, petitioner was found...

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