MATTER OF RAMIREZ v. ANNUCCI

520490.

138 A.D.3d 1262 (2016)

31 N.Y.S.3d 226

2016 NY Slip Op 02875

In the Matter of JOHNATHAN RAMIREZ, 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 14, 2016.


Following an assault on an inmate in a prison cell by multiple inmates, petitioner was charged in a misbehavior report with assaulting an inmate, violent conduct, creating a disturbance and possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of all charges, and a penalty was imposed. The finding of guilt was affirmed on administrative appeal, with a modified penalty. Petitioner thereafter commenced this CPLR article 78 proceeding.<...

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