MATTER OF GALLO v. ANNUCCI

526540.

164 A.D.3d 1560 (2018)

83 N.Y.S.3d 745

2018 NY Slip Op 06170

In the Matter of Derek Gallo, 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.


Petitioner was observed exchanging closed-fist punches with another inmate and, after complying with a direct order to stop fighting that inmate, petitioner was seen chasing and swinging a dust broom at a third inmate, before he complied with a direct order to cease such conduct. As a result of this incident, petitioner was charged in a misbehavior report with refusing a direct order, assaulting an inmate and possessing a weapon. Following a tier III disciplinary hearing...

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