MATTER OF CARAWAY v. ANNUCCI

522507.

144 A.D.3d 1296 (2016)

2016 NY Slip Op 07377

45 N.Y.S.3d 221

In the Matter of RAYNARD CARAWAY, 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 observed fighting with another inmate and disobeyed several commands to cease punching the other inmate, prompting a correction officer to use a baton strike to subdue petitioner. Shortly thereafter, petitioner was observed discarding a 1 ½-inch by 1 ½-inch razor into a drainage block. As a result of this incident, petitioner was charged in a misbehavior report with fighting, refusing a direct order, engaging in violent conduct, possessing an altered...

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