Matter of Clark v. Annucci

Appeal from a judgment of the Supreme Court (Hayden, J.), entered October 5, 2015 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

During the course of a narcotics investigation at the correctional facility where petitioner is incarcerated, certain telephone calls made by petitioner in May 2014 were monitored and petitioner was heard speaking to a woman regarding a plan to bring controlled substances, including marihuana,…