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MATTER OF JONES v. ANNUCCI

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166 A.D.3d 1174 (2018)

87 N.Y.S.3d 723

2018 NY Slip Op 07499

In the Matter of Terrence J. Jones, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 8, 2018.

Petitioner was charged in a misbehavior report with fighting, assault, violent conduct, possessing a weapon, refusing a direct order and creating a disturbance. According to the report, a correction officer was escorting several inmates down a corridor after leaving the mess hall when he observed petitioner make a slashing type motion to another inmate's head, after which both inmates began fighting. The officer gave several orders...

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