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MATTER OF PROCTOR v. ANNUCCI

533265.

205 A.D.3d 1253 (2022)

169 N.Y.S.3d 383

2022 NY Slip Op 03298

In the Matter of Robert Proctor, 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 May 19, 2022.

Attorney(s) appearing for the Case

Robert Proctor, Comstock, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Colangelo, Ceresia and Fisher, JJ., concur.

Petitioner was charged in a misbehavior report with participating in a demonstration, creating a disturbance and committing an unhygienic act. According to the report, several incarcerated individuals were yelling and making other noise on their cell block. Petitioner was observed on the facility video monitoring system yelling and...

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