MATTER OF KENNEDY v. ANNUCCI

530669.

185 A.D.3d 1371 (2020)

128 N.Y.S.3d 693

2020 NY Slip Op 04362

In the Matter of Ladale Kennedy, 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 July 30, 2020.


While conducting morning rounds, a correction officer approached petitioner's cell at which point petitioner used a cup to throw a liquid, smelling of feces, at the officer, striking him and covering him with the brown particulate matter. As a result of this incident, petitioner was charged in a misbehavior report with committing an unhygienic act and assaulting staff. Minutes later, while the area was being secured, petitioner threw a liquid substance smelling of feces on...

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