MATTER OF WOODWARD v. ANNUCCI

528429.

175 A.D.3d 785 (2019)

105 N.Y.S.3d 724

2019 NY Slip Op 06044

In the Matter of Justin T. Woodward, 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 August 1, 2019.


While observing a search of his cell in the presence of other inmates, petitioner started a verbal altercation with the correction officer performing the search, during which petitioner, among other things, became argumentative and belligerent, made various threats and refused a direct order. Due to his behavior, petitioner was removed from his cell and secured in the shower area, where he continued to make threats. As a result of this incident, petitioner was charged in...

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