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MATTER OF BAXTER v. ANNUCCI

533956.

207 A.D.3d 1015 (2022)

170 N.Y.S.3d 919

2022 NY Slip Op 04773

In the Matter of Jason Baxter, 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 28, 2022.

Attorney(s) appearing for the Case

Jason Baxter, Romulus, petitioner pro se.

Letitia James , Attorney General, Albany ( Frank A. Brady of counsel), for respondent.

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

Petitioner was charged in a misbehavior report with refusing a direct order, interfering with an employee, violating frisk procedures and damaging state property. According to the misbehavior report, petitioner initially refused numerous direct orders to come out of his cell in order for a routine cell frisk to be performed. After petitioner complied, the frisk of his cell revealed destroyed state sheets and a damaged mattress...

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