MATTER OF ANDERSON v. ANNUCCI

522105.

140 A.D.3d 1516 (2016)

33 N.Y.S.3d 775

2016 NY Slip Op 05013

In the Matter of TERRY ANDERSON, 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 June 23, 2016.


Petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, lying and failing to promptly report an injury after a confidential source accused petitioner of having been involved in a fight with another inmate. At a tier III disciplinary hearing, petitioner pleaded guilty to the charge of failing to promptly report an injury and otherwise pleaded not guilty. At the conclusion of the hearing, petitioner was found guilty as charged, and this CPLR...

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