Matter of Derti 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.

Prison officials were tipped off that contraband could be found in petitioner’s cell, and the ensuing search recovered a cellular phone, SIM card and battery secreted inside the steel channel stock next to his cell gate. An inmate misbehavior report was issued and, following a tier III disciplinary hearing, petitioner was found guilty of possessing contraband.…