MATTER OF LUNDY v. ANNUCCI

533331.

203 A.D.3d 1364 (2022)

160 N.Y.S.3d 923

2022 NY Slip Op 01496

In the Matter of Quincy Lundy, 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 March 10, 2022.


Attorney(s) appearing for the Case

Quincy Lundy, Pine City, petitioner pro se.

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

Garry, P.J., Lynch, Clark, Colangelo and McShan, JJ., concur.


During breakfast in the mess hall, a correction officer observed petitioner, with an object in his right hand, walk across the mess hall towards another incarcerated individual, whereupon he made slashing motions to that individual's neck and back and then exchanged closed-fist punches with the individual and two other incarcerated individuals. After several direct orders to stop fighting were ignored, force was used to quell the altercation. A weapon measuring 6½ by...

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