MATTER OF RODRIGUEZ v. ANNUCCI

521029.

136 A.D.3d 1083 (2016)

23 N.Y.S.3d 753

2016 NY Slip Op 00726

In the Matter of JOHN A. RODRIGUEZ, 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 4, 2016.


Petitioner was charged in a misbehavior report with assaulting staff, being out of place, making a false statement and refusing a direct order. The charges relate that petitioner attempted to join a group of inmates that had signed up to go to church by giving a false cell number. Petitioner was escorted back to his cell block and, instead of returning to his cell as directed, he hit a correction officer in the head. Following a tier III disciplinary hearing, petitioner was...

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