Ortega 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, was charged with losing state property after he reported that certain items were missing from his locker, including his state-issued razor blade. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. The determination was affirmed upon administrative appeal, with a later penalty reduction, and…