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MATTER OF DAVIS v. ANNUCCI

534612.

210 A.D.3d 1166 (2022)

177 N.Y.S.3d 775

2022 NY Slip Op 06207

In the Matter of Jermaine Davis, 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 November 3, 2022.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Mount Sinai ( Rosanne Trabocchi of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan of counsel), for respondent.

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

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an incarcerated individual, was observed throwing, and unsuccessfully attempting to flush, two small bags into his toilet. Petitioner subsequently complied with a directive...

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