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MATTER OF ANSELMO v. ANNUCCI

527543.

173 A.D.3d 1583 (2019)

101 N.Y.S.3d 674

2019 NY Slip Op 05246

In the Matter of Alex Anselmo, 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 June 27, 2019.

Petitioner was charged in a misbehavior report with assault on staff and committing an unhygienic act. Following a tier III disciplinary hearing,1 petitioner was found guilty of the charges and, on administrative appeal, the determination was upheld on May 18, 2018. Petitioner commenced a proceeding pursuant to CPLR article 78 seeking, among other relief, annulment of respondent's determination. In response, the Attorney General submitted a letter...

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