MATTER OF SCOTT v. ANNUCCI

526080.

164 A.D.3d 1553 (2018)

84 N.Y.S.3d 279

2018 NY Slip Op 06162

In the Matter of Randolph Scott, 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 20, 2018.


Following a medical examination, petitioner became loud and belligerent towards medical staff and the correction officer responsible for escorting him back to his prison cell. After being given several direct orders to dress himself, petitioner eventually complied and was then directed to stand up, place his hands in his pockets and exit the room. Instead, petitioner stood up and attempted to punch the correction officer with a closed fist, prompting the use of force to subdue...

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