Matter of Pena 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 Superintendent of Cape Vincent Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Following an investigation into gambling activity that included a search of petitioner’s cell, petitioner was charged in a misbehavior report with gambling, possessing an altered item, possessing contraband and lying. Following a tier II disciplinary hearing, petitioner was found guilty of possessing an…