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MATTER OF CLARKE v. ANNUCCI

530784.

190 A.D.3d 1245 (2021)

140 N.Y.S.3d 627

2021 NY Slip Op 00473

In the Matter of Jason Clarke, Appellant, 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

Prisoners' Legal Services of New York, Ithaca ( Hallie E. Mitnick of counsel), for appellant.

Letitia James , Attorney General, Albany ( Kathleen M. Treasure of counsel), for respondent.

Garry, P.J., Egan Jr., Mulvey and Aarons, JJ., concur.

In August 2018, petitioner was removed from his cell at Five Points Correctional Facility for not responding to an order to take down "linens and paper" that were covering his cell. At the time, petitioner was housed in the Residential Mental Health Unit and "was on a one-on-one self harm watch." As a result of the incident...

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