MATTER OF DIAZ v. ANNUCCI

CV-23-0538.

221 A.D.3d 1401 (2023)

201 N.Y.S.3d 714

2023 NY Slip Op 06187

In the Matter of Pedro Diaz, 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 30, 2023.


Attorney(s) appearing for the Case

Pedro Diaz, Comstock, petitioner pro se.

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

Garry, P.J., Clark, Reynolds Fitzgerald, Ceresia and Powers, JJ., concur.


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

Following an investigation into an altercation in which petitioner, an incarcerated individual, was allegedly involved, he was charged in the first misbehavior report with assaulting another incarcerated individual, engaging in violent...

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