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MATTER OF CUNNINGHAM v. ANNUCCI

523783.

153 A.D.3d 1491 (2017)

2017 NY Slip Op 06572

59 N.Y.S.3d 907

In the Matter of DONOVAN CUNNINGHAM, 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 September 21, 2017.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating a direct order.* According to the misbehavior report, petitioner, while being escorted with 45 other inmates from the chapel to the main yard, twice yelled a Rastafarian chant which caused other inmates to yell a response back. Despite an order from the correction officer to stop, petitioner yelled the chant a...

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