MATTER OF GONZALEZ v. ANNUCCI

532919.

199 A.D.3d 1146 (2021)

156 N.Y.S.3d 588

2021 NY Slip Op 06128

In the Matter of Alberto Gonzalez, 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 November 10, 2021.


Attorney(s) appearing for the Case

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

Letitia James , Attorney General, Albany ( Laura Etlinger of counsel), for respondent.

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


Petitioner was charged in a misbehavior report with attempted arson, refusing a direct order, assaulting staff, violent conduct, possessing a weapon and committing an unhygienic act. According to the report and other documentation, petitioner became agitated after his cell was searched and he tied his cell gate shut with an electrical cord. Petitioner then refused an order to untie the cord and he tried to light a pile of papers and clothing on fire. A correction officer...

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