MATTER OF MICOLO v. ANNUCCI

523620.

152 A.D.3d 1103 (2017)

2017 NY Slip Op 05893

59 N.Y.S.3d 603

In the Matter of MARCUS A. MICOLO, Appellant, 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 July 27, 2017.


Petitioner was charged in a misbehavior report with assault, making threats, violent conduct, creating a disturbance, refusing a direct order, interfering with an employee, lying, destruction of state property and committing an unhygienic act. Petitioner attended the first day of the ensuing tier III disciplinary hearing. On the second day of the hearing, correction officers arrived at petitioner's cell to transport him to the hearing room. Petitioner complained that the...

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