MATTER OF PAYTON v. ANNUCCI

521698.

139 A.D.3d 1223 (2016)

32 N.Y.S.3d 356

2016 NY Slip Op 03791

In the Matter of CALVIN PAYTON, 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 12, 2016.


During the course of an investigation, a correction officer received confidential information implicating petitioner as the organizer of a group of inmates involved in the assault of an inmate and the planned assault of two correction officers. The information received also disclosed that petitioner instructed these inmates to, among other things, refuse to attend programs as a way of protesting the withholding of certain privileges. As a result of his actions, petitioner...

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