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MATTER OF GIRARD v. ANNUCCI

522142.

141 A.D.3d 1065 (2016)

36 N.Y.S.3d 321

In the Matter of CHAUNCEY GIRARD, 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 28, 2016.

Petitioner was charged with various prison disciplinary violations arising from three separate incidents that occurred on the same day. The first misbehavior report charged him with violent conduct, assaulting staff, interfering with an employee and refusing a direct order. These charges arose out of an incident in which petitioner initially refused an order from a correction officer to leave the mess hall and thereafter became...

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