Matter of Vega 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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with possession of an altered item and possession of a weapon after a search of his cell uncovered a folded can lid with a taped handle hidden in the cell’s upper door track. According to the misbehavior report, the weapon was accessible from inside petitioner’s cell. Following a tier III disciplinary hearing,…