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MATTER OF RANDOLPH v. ANNUCCI

529250.

190 A.D.3d 1196 (2021)

140 N.Y.S.3d 624

2021 NY Slip Op 00462

In the Matter of Edward Randolph, 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 January 28, 2021.

Attorney(s) appearing for the Case

Edward Randolph, Marcy, petitioner pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet of counsel), for respondent.

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

Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct, interfering with an employee, engaging in a movement violation, refusing a direct order and creating a disturbance. Following a tier III disciplinary hearing, petitioner was found guilty of assaulting staff, engaging in violent conduct, interfering with an employee and engaging in a movement violation and not guilty of the remaining charges. Other than a modification of the...

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