MATTER OF BURROUGHS v. ANNUCCI

526322.

164 A.D.3d 1558 (2018)

83 N.Y.S.3d 738

2018 NY Slip Op 06168

In the Matter of Theopholis Burroughs, 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.


During an announced count of inmates that had been preceded by an announcement over the facility loudspeaker that a female correction officer was on the unit, petitioner was observed by a female correction officer urinating in a toilet in his cell. He was charged in a misbehavior report with violating facility count procedures, engaging in lewd conduct and disobeying a direct order. Following a tier III disciplinary hearing, at which petitioner pleaded guilty to the facility...

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