Matter of Carelock v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing a weapon after a search of his cell revealed a flat steel-like weapon secreted under a small locker in his cell. Contrary to petitioner’s contention, the misbehavior report, weapon, unusual incident report, related confidential documentation, testimony at…