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MATTER OF GARCIA v. ANNUCCI

524605.

154 A.D.3d 1246 (2017)

2017 NY Slip Op 07510

65 N.Y.S.3d 573

In the Matter of ANTHONY GARCIA, 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 October 26, 2017.

After an inmate was found to have sustained wounds consistent with being assaulted, an investigation ensued. As a result of the investigation, petitioner was charged in a misbehavior report with possessing a weapon, assaulting an inmate, fighting, violent conduct, smuggling, failing to promptly report an injury and lying. After a tier III disciplinary hearing, he was found guilty of all of the charges except for failing to promptly...

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