Matter of Mosley 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.

While inmates were returning from recreation, a correction officer observed petitioner exit the gym, walk toward another inmate and make a slashing motion toward the inmate’s face. The officer then witnessed petitioner push the inmate into the snow and drop an unknown object near the walkway. Petitioner and the other inmate, both of whom had lacerations, were…