MATTER OF SAMUELS v. ANNUCCI

521879.

142 A.D.3d 1200 (2016)

37 N.Y.S.3d 465

In the Matter of KENNETH SAMUELS, Appellant, 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 September 15, 2016.


Numerous inmates, including petitioner, were involved in a fight in the yard and ignored directives to stop engaging in such conduct. A video surveillance recording of the altercation captured petitioner holding an inmate on the ground while another inmate hit him with fence rails. As a result of this incident, petitioner was charged in a misbehavior report with fighting, refusing a direct order, engaging in violent conduct and creating a disturbance. Following a tier III...

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