Matter of Sileo v. Annucci

Appeal from a judgment of the Supreme Court (McNally Jr., J.), entered July 17, 2014 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

During a search of petitioner’s cell, a correction officer found a piece of mirror and a pen shaft that had been fashioned into makeshift weapons, as well as a television set inscribed with another inmate’s identification number. As a result, petitioner was charged in a misbehavior report with…