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MATTER OF HOYES v. ANNUCCI

535430.

213 A.D.3d 1011 (2023)

180 N.Y.S.3d 925

2023 NY Slip Op 00468

In the Matter of Terence Hoyes, 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 February 2, 2023.

Attorney(s) appearing for the Case

Terence Hoyes, Otisville, petitioner pro se.

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

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 a determination of respondent Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an incarcerated individual, was charged in a misbehavior report with engaging in violent conduct and assaulting an incarcerated individual. According to the misbehavior...

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