MATTER OF BEKKA v. ANNUCCI

526862.

168 A.D.3d 1334 (2019)

93 N.Y.S.3d 450

2019 NY Slip Op 00657

In the Matter of Khary Bekka, 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 January 31, 2019.


Petitioner was charged in a misbehavior report with refusing a direct order, failing to comply with facility count procedures and engaging in a demonstration after he and 10 other inmates failed to stand or sit for the 6:00 a.m. count as directed by a correction officer—even though petitioner had been counseled the previous day regarding acceptable count procedures. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and a penalty...

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