MATTER OF CATO v. ANNUCCI

519187.

127 A.D.3d 1481 (2015)

5 N.Y.S.3d 916

2015 NY Slip Op 03432

In the Matter of JASON CATO, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 23, 2015.


While a correction officer was counseling petitioner and another prison inmate inside a dorm, petitioner ran outside the dorm, refused the correction officer's directive to stop and, when the correction officer caught up to him, tried to strike the correction officer in the head with a pen. As a result, petitioner was charged in a misbehavior report with engaging in violent conduct, assaulting staff, possessing a weapon, interfering with an employee, refusing a direct order...

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