Matter of Ramirez v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Following an assault on an inmate in a prison cell by multiple inmates, petitioner was charged in a misbehavior report with assaulting an inmate, violent conduct, creating a disturbance and possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of all charges, and a penalty was imposed. The finding of guilt was affirmed on…