MATTER OF GONZALEZ v. ANNUCCI

526637.

171 A.D.3d 1265 (2019)

95 N.Y.S.3d 901

2019 NY Slip Op 02594

In the Matter of Javon Gonzalez, Appellant, 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 April 4, 2019.


Following an altercation with another inmate, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and disobeying direct orders. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of all charges and a penalty was imposed. That determination was affirmed upon petitioner's administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding to...

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