MATTER OF GENYARD v. ANNUCCI

521129.

136 A.D.3d 1091 (2016)

23 N.Y.S.3d 755

2016 NY Slip Op 00732

In the Matter of DONNELL GENYARD, 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 February 4, 2016.


Petitioner struck a correction officer while being escorted to the medication window, refused several direct orders to stop resisting and was eventually subdued when other officers arrived and he was placed in mechanical restraints. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order, engaging in violent conduct and creating a disturbance. He was found guilty of the charges following a tier III disciplinary...

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