MATTER OF DOVE v. ANNUCCI

531258.

190 A.D.3d 1181 (2021)

136 N.Y.S.3d 809

2021 NY Slip Op 00351

In the Matter of Donald M. Dove, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 21, 2021.


Attorney(s) appearing for the Case

Donald M. Dove, Ossining, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondents.

Garry, P.J., Lynch, Mulvey, Pritzker and Colangelo, JJ., concur.


In response to a medical emergency in the prison facility's kitchen, petitioner and several other inmates were given direct orders to clear the area. Petitioner refused multiple direct orders to do so and made sarcastic and/or dismissive comments causing other inmates in that area to stop, look and make comments. When the response team arrived in the kitchen, petitioner ultimately complied, and he was later confined. As a result of the incident, petitioner was charged in...

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