MATTER OF WILSON v. ANNUCCI

521697.

138 A.D.3d 1335 (2016)

28 N.Y.S.3d 640

2016 NY Slip Op 03049

In the Matter of MICHAEL L. WILSON JR., 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 21, 2016.


Petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order, being out of place and violating movement regulations. According to the misbehavior report, petitioner refused to return to his cell when ordered and, after he was placed in restraints and escorted to his cell, he propelled himself backwards, striking a correction officer in the chest and forcing the officer into the gallery fence. Following a tier III disciplinary hearing, petitioner...

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