MATTER OF SMITH v. ANNUCCI

534515.

207 A.D.3d 979 (2022)

173 N.Y.S.3d 81

2022 NY Slip Op 04686

In the Matter of Sincere Smith, 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 July 21, 2022.


Attorney(s) appearing for the Case

Sincere Smith, Marcy, petitioner pro se.

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

Egan Jr., J.P., Lynch, Aarons, Pritzker and Fisher, JJ., concur.


Petitioner was charged in two misbehavior reports with violating various prison disciplinary rules. According to the first report, petitioner was observed fighting with another incarcerated individual in the recreation yard. As a result, petitioner was charged with violent conduct, fighting and creating a disturbance. According to the second misbehavior report, petitioner was taken to the facility hospital clinic following the altercation in the recreation yard and a strip...

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