Santiago v. Cunningham

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

During the search of a refrigerator shared by multiple inmates, a correction officer found a net bag belonging to petitioner that contained food items that had been stolen from the kitchen. As a result, petitioner was charged in a misbehavior report with smuggling, stealing, wasting food and possessing stolen property. Following a tier II disciplinary hearing,…