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MATTER OF ANSELMO v. ANNUCCI

527755.

176 A.D.3d 1283 (2019)

109 N.Y.S.3d 512

2019 NY Slip Op 07126

In the Matter of Alex Anselmo, 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 October 3, 2019.

Attorney(s) appearing for the Case

Alex Anselmo, Malone, petitioner pro se.

Letitia James , Attorney General, Albany ( Victor Paladino of counsel), for respondent.

Mulvey, Devine and Rumsey, JJ., concur.

Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order, being out of place, violating facility movement procedures, creating a disturbance and interfering with an employee's duties. The charges stemmed from an incident in which petitioner attempted to go to the library, refused orders to return to his assigned program and became agitated. Petitioner struck an escort in the wake of that incident...

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