Spencer 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 certain prison disciplinary rules.

After an inmate was attacked with an edged weapon, an eyewitness confidentially identified petitioner as the aggressor. As a result, petitioner was charged in a misbehavior report with violations of various prison disciplinary rules. The initial determination was reversed upon administrative review but, following a rehearing, petitioner was found not guilty…