MATTER OF DANIELS v. ANNUCCI

522069.

142 A.D.3d 1207 (2016)

37 N.Y.S.3d 470

In the Matter of WENDELL DANIELS, Appellant, 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 September 15, 2016.


Petitioner, a prison inmate, was charged in a misbehavior report with conspiring to bring drugs into the facility, smuggling, making a prohibited three-way telephone call and noncompliance with facility visiting procedures. During the course of an ensuing tier III disciplinary hearing, a Hearing Officer adjourned those proceedings to, among other things, obtain documents requested by petitioner. When the hearing resumed, petitioner refused to leave his cell and attend the...

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