MATTER OF FANN v. ANNUCCI

522112.

140 A.D.3d 1517 (2016)

35 N.Y.S.3d 516

2016 NY Slip Op 05014

In the Matter of JERMAINE FANN, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided June 23, 2016.


Petitioner was charged in a misbehavior report with refusing a direct order and failing to comply with facility count procedures. The charges stem from petitioner remaining in his bed without responding to several orders to report for the facility's morning count. Following a tier II disciplinary hearing, petitioner was found guilty of both charges. That determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

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