MATTER OF HUBBARD v. ANNUCCI

522846.

148 A.D.3d 1381 (2017)

2017 NY Slip Op 01928

48 N.Y.S.3d 858

In the Matter of KENNETH W. HUBBARD, 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 March 16, 2017.


Petitioner was charged in a misbehavior report with engaging in violent conduct, attempting to assault staff, refusing a direct order and interfering with an employee. The misbehavior report relates that, after petitioner's wrists were restrained behind his back in order to be escorted to the shower, he turned aggressively and violently toward the correction officer and lunged forward. Force was necessary to secure petitioner, who refused several direct orders to stop resisting...

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