Matter of Butterfield 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 escape and violating facility correspondence procedure. The charges stem from a letter that petitioner mailed from the correctional facility to his fiancée stating that he was on the call-out sheet and, if he was called for outside clearance work, he plans to “bolt into the woods.” Following a tier III…