MATTER OF REED v. ANNUCCI

528829.

182 A.D.3d 883 (2020)

122 N.Y.S.3d 434

2020 NY Slip Op 02341

In the Matter of Robert Reed, 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 23, 2020.


In October 2016, petitioner punched and injured a correction sergeant and refused several direct orders to put his hands behind his back, resulting in the use of force and injuries to other correction officers who assisted with restraining petitioner. Petitioner was subsequently charged in two separate misbehavior reports with various rule violations, including assaulting staff. During an ensuing combined tier III prison disciplinary hearing, petitioner requested copies of...

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