MATTER OF MEDINA v. ANNUCCI

521797.

141 A.D.3d 1052 (2016)

35 N.Y.S.3d 663

In the Matter of MIGUEL MEDINA, 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 July 28, 2016.


Petitioner was charged in two misbehavior reports with various disciplinary rule violations arising from two incidents that occurred on the same date. The correction officer who prepared the first report related that petitioner approached him at his desk and was agitated because the officer had ordered him to get up and make his bed. According to the officer, he directed petitioner to return to his room, at which time petitioner lunged at him with a clenched fist. As a result...

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