MATTER OF DAVIS v. ANNUCCI

523262.

148 A.D.3d 1399 (2017)

2017 NY Slip Op 01943

48 N.Y.S.3d 642

In the Matter of ANTHONY DAVIS, 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.


Following an investigation into an incident where an inmate had coffee thrown on him that caused a delay in the meal run, petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance and engaging in an unhygienic act. He was found guilty of all three charges at the conclusion of a tier III disciplinary hearing. The determination was affirmed upon administrative appeal. This CPLR article...

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