MATTER OF DAVIS v. ANNUCCI

CV-23-1809.

2024 NY Slip Op 02120

In the Matter of Anthony Davis, 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 April 18, 2024.


Attorney(s) appearing for the Case

Anthony Davis, Alden, petitioner pro se.

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

Before: Garry, P.J., Aarons, Reynolds Fitzgerald, McShan and Powers, JJ.


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, an incarcerated individual, was charged in a misbehavior report with violating the prison disciplinary rules that prohibit making threats and engaging in conduct involving the threat of violence. According to the misbehavior...

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