MATTER OF MENDEZ v. ANNUCCI

524109.

155 A.D.3d 1146 (2017)

62 N.Y.S.3d 833

2017 NY Slip Op 07657

In the Matter of JATHNIEL ESTRADA MENDEZ, 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 November 2, 2017.


During the course of an investigation, correction officials received confidential information revealing that petitioner had ordered an assault on a certain inmate and that, in accordance with that order, another inmate carried out the assault. As a result, petitioner was charged in a misbehavior report with assaulting an inmate, creating a disturbance, organizing action that is detrimental to the order of the facility and engaging in violent conduct. Following a tier III...

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