MATTER OF SCOTT v. ANNUCCI

528480.

181 A.D.3d 1032 (2020)

117 N.Y.S.3d 626

2020 NY Slip Op 01540

In the Matter of Eugene Scott, 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 March 5, 2020.


Following an investigation into an assault on an inmate that occurred around 4:00 p.m. in the dorm bathroom, petitioner was charged in a misbehavior report with engaging in gang activity, engaging in violent conduct and assaulting an inmate. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner contends that he was denied...

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