MATTER OF PILET v. ANNUCCI

519088

128 A.D.3d 1198 (2015)

7 N.Y.S.3d 734

2015 NY Slip Op 04179

In the Matter of GILBERT PILET, 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 May 14, 2015.


A correction officer observed petitioner exchanging punches with another inmate in the mess hall and ordered him to stop engaging in such conduct. Petitioner ignored the officer's directives, but was eventually subdued and placed in mechanical restraints. Thereafter, he was charged in a misbehavior report with fighting, engaging in violent conduct, creating a disturbance and refusing a direct order. Petitioner was found guilty of the charges following a tier III disciplinary...

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