MATTER OF McCLARY v. ANNUCCI

531706.

189 A.D.3d 1812 (2020)

133 N.Y.S.3d 925

2020 NY Slip Op 07448

In the Matter of David McClary, 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 December 10, 2020.


Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Albany ( Matthew McGowan of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Sarah L. Rosenbluth of counsel), for respondent.

Egan Jr., J.P., Lynch, Aarons, Pritzker and Colangelo, JJ., concur.


During the celebration of a religious event in the prison facility's gymnasium, the 28 inmates in attendance were each given the option to line up and leave the event early if they opted to do so, at which time one of the inmates became belligerent and encouraged the other inmates to refuse to leave the event. As a result, the inmates who had lined up to leave the event early left the lineup, moved back to the gymnasium and refused staff direction to leave the gymnasium....

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