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MATTER OF KENDRICKS v. ANNUCCI

No. 533949.

207 A.D.3d 968 (2022)

170 N.Y.S.3d 520

2022 NY Slip Op 04682

In the Matter of Robert Kendricks, 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 July 21, 2022.

Attorney(s) appearing for the Case

Robert Kendricks, Sonyea, petitioner pro se.

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

Garry, P.J., Clark, Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.

Petitioner, an incarcerated individual, was charged in a misbehavior report with, as relevant here,* violating mess hall procedures, creating a disturbance, attempting to assault an officer and engaging in violent conduct. According to the report, petitioner was observed improperly reentering the food line in the mess hall, after which he was counseled on proper mess hall procedures. Petitioner then became loud and argumentative, and, while being...

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