MATTER OF DAVIS v. ANNUCCI

523545.

155 A.D.3d 1191 (2017)

63 N.Y.S.3d 257

2017 NY Slip Op 07892

In the Matter of JAMES 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 November 9, 2017.


Petitioner was charged, by three misbehavior reports, with assaulting a staff member, making threats, engaging in violent conduct, creating a disturbance, possessing a weapon, refusing a direct order and altering property without permission. The charges were based on allegations that included that petitioner attempted to stab a correction officer with an improvised weapon, that he thereafter refused orders when correction officers attempted to subdue him and that a second...

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