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MATTER OF BEKKA v. ANNUCCI

521090.

137 A.D.3d 1446 (2016)

27 N.Y.S.3d 292

2016 NY Slip Op 01892

In the Matter of KHARY BEKKA, 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 March 17, 2016.

When a correction officer approached petitioner's cell, she observed him masturbating. After ordering him to stop, petitioner continued and made sexually suggestive comments to the officer. As a result, petitioner was charged in a misbehavior report with engaging in lewd conduct, refusing a direct order and interfering with an employee. Following a tier III disciplinary hearing, petitioner was found not guilty of interfering with...

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