MATTER OF WALTON v. ANNUCCI

535576.

217 A.D.3d 1302 (2023)

192 N.Y.S.3d 328

2023 NY Slip Op 03526

In the Matter of Samuel Walton, 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 June 29, 2023.


Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Ithaca ( Hallie E. Mitnick of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Douglas E. Wagner of counsel), for respondent.

Aarons, J.P., Reynolds Fitzgerald, Ceresia, 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 finding petitioner guilty of violating certain prison disciplinary rules.

After petitioner refused to cooperate with and took a swing at the correction officer assigned to search his cell, petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, refusing a...

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