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MATTER OF TAYLOR v. ANNUCCI

521612.

140 A.D.3d 1433 (2016)

35 N.Y.S.3d 505

2016 NY Slip Op 04762

In the Matter of ANTOINE TAYLOR, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 16, 2016.

Petitioner refused several direct orders to stand behind a gate and then attempted to strike the correction officer who gave the orders. He was accordingly charged in a misbehavior report with violent conduct, creating a disturbance, refusing a direct order and violating movement procedures. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was upheld upon administrative appeal...

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