MATTER OF ESPINAL v. ANNUCCI

528426.

175 A.D.3d 1696 (2019)

108 N.Y.S.3d 540

2019 NY Slip Op 06670

In the Matter of Henry Espinal, 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 September 19, 2019.


Attorney(s) appearing for the Case

Henry Espinal, Alden, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Lynch, J.P., Clark, Devine, Aarons and Pritzker, JJ., concur.


Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct, refusing a direct order, violating facility frisk procedures, possessing contraband and interfering with staff. According to the report, petitioner was observed by a correction officer heading to the recreation yard with a full water bottle. The officer informed petitioner—incorrectly as it turns out—that only empty water bottles were permitted to be taken into...

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