MATTER OF STUART v. ANNUCCI

525907.

167 A.D.3d 1182 (2018)

90 N.Y.S.3d 340

2018 NY Slip Op 08591

In the Matter of Dane Stuart, 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 December 13, 2018.


Petitioner was removed from his cell to attend a meeting with the Deputy Superintendent of Security to discuss concerns that he had for his safety following him filing a complaint against a correction officer. During the meeting, petitioner told the Deputy Superintendent that he had a can lid in his cell. The Deputy Superintendent, in turn, sent petitioner to the special housing unit and directed that his cell be searched. The correction officer who conducted the search discovered...

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