MATTER OF SCOTT v. ANNUCCI

531685.

194 A.D.3d 1178 (2021)

147 N.Y.S.3d 745

2021 NY Slip Op 02864

In the Matter of Kenneth Scott, 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 May 6, 2021.


Attorney(s) appearing for the Case

Kenneth Scott, Pine City, petitioner pro se.

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

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


Petitioner was charged in a misbehavior report with assaulting staff, fighting, engaging in disorderly conduct, engaging in violent conduct, creating a disturbance, participating in a demonstration, harassment and refusing a direct order. According to the misbehavior report, an inmate who was being escorted from the south yard became combative and, when security staff responded, petitioner, along with approximately 30 other inmates, began punching the security staff. Following...

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