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MATTER OF WILSON v. ANNUCCI

532243.

205 A.D.3d 1163 (2022)

169 N.Y.S.3d 172

2022 NY Slip Op 03155

In the Matter of Labriel Wilson, Appellant, 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 May 12, 2022.

Attorney(s) appearing for the Case

Labriel Wilson, Otisville, appellant pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet of counsel), for respondent.

Garry, P.J., Aarons, Pritzker, Ceresia and McShan, JJ., concur.

Petitioner was charged in a misbehavior report with refusing direct orders, refusing double celling and a movement violation. The charges stem from an incident that occurred at petitioner's housing location, when he refused multiple orders from a facility sergeant to leave his cell and move to a double cell, requiring that a lieutenant be called, and petitioner then refused his initial orders to move to a double cell. Petitioner...

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