MATTER OF LUNDY v. ANNUCCI

536202.

219 A.D.3d 1622 (2023)

195 N.Y.S.3d 326

2023 NY Slip Op 04695

In the Matter of Quincy Lundy, 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 September 21, 2023.


Attorney(s) appearing for the Case

Quincy Lundy, Auburn, petitioner pro se.

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

Clark, J.P., Pritzker, Ceresia, McShan and Mackey, 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 a prison disciplinary rule.

Petitioner, an incarcerated individual, was charged in a misbehavior report with assaulting another incarcerated individual, engaging in violent conduct and creating a disturbance. According to that report, upon a correctional facility transportation...

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