MATTER OF CHAN v. ANNUCCI

CV-22-2200.

219 A.D.3d 1624 (2023)

196 N.Y.S.3d 254

2023 NY Slip Op 04697

In the Matter of Devon Chan, 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

Danielle Neroni Reilly , Albany, for petitioner.

Letitia James , Attorney General, Albany ( Alexandria Twinem of counsel), for respondent.

Egan Jr., J.P., Clark, 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 certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with fighting, creating a disturbance, refusing a direct order, engaging in violent conduct, possessing a weapon and causing property damage or loss. According to the misbehavior report...

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