MATTER OF NELSON v. ANNUCCI

527359.

172 A.D.3d 1806 (2019)

100 N.Y.S.3d 784

2019 NY Slip Op 04069

In the Matter of Jeffrey A. Nelson, 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 May 23, 2019.


While being escorted from the facility's medical room back to his cell following a callout, petitioner turned, swung his left elbow and attempted to strike one of the escorting correction officers, resulting in the use of force and a delay of feed-up procedures. As a result of this incident, petitioner was charged with attempting to assault staff, violating facility movement procedures, interfering with an employee and engaging in violent conduct. Following a tier III disciplinary...

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