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MATTER OF MOORE v. ANNUCCI

530266.

182 A.D.3d 896 (2020)

120 N.Y.S.3d 858

2020 NY Slip Op 02351

In the Matter of Isham Moore, 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 April 23, 2020.

Petitioner, a prison inmate, was charged in a misbehavior report with fighting, engaging in violent conduct and creating a disturbance. According to the report, petitioner, while in the mess hall, was observed hitting another inmate in the upper back with a feed-up tray and then exchanging closed-fist punches. Several orders were given to petitioner and the other inmate to stop fighting before use of force was applied to stop the...

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