MATTER OF NEWKIRK v. ANNUCCI

533789.

208 A.D.3d 1522 (2022)

175 N.Y.S.3d 146

2022 NY Slip Op 05247

In the Matter of David Newkirk, 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 September 22, 2022.


Attorney(s) appearing for the Case

David Newkirk, Coxsackie, petitioner pro se.

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

Garry, P.J., Egan Jr., Clark, Pritzker and McShan, JJ., concur.


Petitioner was charged in a misbehavior report with engaging in violent conduct, assaulting staff, creating a disturbance and committing an unhygienic act. The correction officer who authored the report alleged that, while he was conducting a facility count, he observed petitioner standing in his cube urinating in a container and, when he ordered petitioner to cease doing so, petitioner kicked a chair that struck the officer in the legs, causing him to fall toward petitioner...

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