Matter of Terrence v. Annucci

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

Petitioner was charged in a misbehavior report with lewd conduct after he watched a correction officer from the shower, stepped out of the shower and exposed himself, then returned to the shower leaving the curtain open and began masturbating. Petitioner was found guilty following a tier III disciplinary hearing. That determination was affirmed on administrative…