MATTER OF STOKES v. ANNUCCI

525190.

158 A.D.3d 885 (2018)

67 N.Y.S.3d 729

2018 NY Slip Op 00601

In the Matter of JAMES E. STOKES, 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 February 1, 2018.


After a correction officer witnessed petitioner exchange closed-fist punches with another inmate, petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, fighting, interfering with an employee and refusing a direct order. A tier III disciplinary hearing ensued, but a rehearing was ordered. When the rehearing commenced, petitioner was advised that the other inmate involved in the altercation refused to testify — indicating...

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