MATTER OF CHUNG v. ANNUCCI

533085.

199 A.D.3d 1147 (2021)

156 N.Y.S.3d 590

2021 NY Slip Op 06129

In the Matter of Sean Chung, 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 November 10, 2021.


Attorney(s) appearing for the Case

Sean Chung, Attica, petitioner pro se.

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

Egan Jr., J.P., Lynch, Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.


According to a misbehavior report charging petitioner with various disciplinary rule violations, petitioner and two other incarcerated individuals were observed aggressively chasing after another incarcerated individual with their fists clenched, looking to fight him. The misbehavior report further states that neither petitioner nor the other incarcerated individuals involved initially complied with direct orders to stop running and get on the ground. A tier III disciplinary...

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