Matter of Darrett 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 disobeying a direct order, creating a disturbance, interfering with an employee, violating visiting room procedures, smuggling and failing to comply with frisk procedures. According to the misbehavior report, petitioner and his son acted suspiciously during a visit and repeatedly looked over at the correction…