MATTER OF ASHLEY v. ANNUCCI

522611.

145 A.D.3d 1238 (2016)

2016 NY Slip Op 08278

43 N.Y.S.3d 572

In the Matter of DARIUS ASHLEY, 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 December 8, 2016.


Petitioner was charged in three misbehavior reports with multiple prison disciplinary violations. The first misbehavior report charged him with assaulting staff, engaging in violent conduct, disobeying a direct order, possession of a weapon, possession of an altered item and failing to comply with search procedures. According to that misbehavior report, petitioner was ordered to exit his cell for a cell search but, when the cell gate was open, petitioner moved to the back...

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