MATTER OF HYATT v. ANNUCCI

521416.

141 A.D.3d 977 (2016)

34 N.Y.S.3d 915

In the Matter of SHANE HYATT, 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 July 21, 2016.


While in the correctional facility's physical therapy room, petitioner refused a direct order to hold out his hands for the application of restraints and attempted to strike the correction officer who gave him the order, prompting correction officers to subdue and place petitioner in restraints. As a result, petitioner was charged in a misbehavior report with refusing a direct order, attempted assault and violent conduct. Following a tier III disciplinary hearing, petitioner...

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