MATTER OF CUPPUCCINO v. ANNUCCI

533715.

206 A.D.3d 1425 (2022)

168 N.Y.S.3d 707

2022 NY Slip Op 04076

In the Matter of Salvatore Cuppuccino, 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 June 23, 2022.


Attorney(s) appearing for the Case

Salvatore Cuppuccino, Tallahassee, Florida, petitioner pro se.

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

Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.


Petitioner was charged in a misbehavior report with engaging in violent conduct, engaging in a demonstration, creating a disturbance, engaging in disorderly conduct, interfering with an employee, harassment, refusing a direct order and making threats. According to the misbehavior report, nine incarcerated individuals, including petitioner who was acting as a leader, became agitated and aggressive toward correction officers who were conducting a "frisk" of the incarcerated...

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