MATTER OF JACKSON v. ANNUCCI

522368.

144 A.D.3d 1285 (2016)

2016 NY Slip Op 07365

40 N.Y.S.3d 283

In the MATTER OF KEYRON JACKSON, 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 November 10, 2016.


Petitioner was charged in two misbehavior reports that resulted from a search of his cell. In the first misbehavior report, he was charged with assaulting staff, refusing a direct order, interfering with an employee and failing to comply with frisk and search procedures. According to the report, petitioner was standing outside his cell while the search was being conducted when he "lunged" into the cell, pushing a correction officer into the cell door, and grabbed an unknown...

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