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MATTER OF EDWARDS v. ANNUCCI

740.1 TP 21-00169.

199 A.D.3d 1433 (2021)

154 N.Y.S.3d 891

2021 NY Slip Op 06485

In the Matter of Thomas Edwards, Petitioner, v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 19, 2021.

Attorney(s) appearing for the Case

THOMAS EDWARDS, Petitioner PRO SE.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATE H. NEPVEU OF COUNSEL), FOR Respondent.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated inmate rules 104.11 (7 NYCRR 270.2[B][5][ii] [violent conduct]) and 104.12 (7 NYCRR 270.2[B][5][iii] [demonstration]). Contrary to petitioner's contention, the misbehavior report, hearing testimony...

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