Matter of Simpson v. Annucci

Lahtinen, J.P.

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 having unauthorized contact with an employee of the Department of Corrections and Community Supervision and making a third-party telephone call. At the tier III disciplinary hearing that followed, petitioner pleaded guilty to these charges. The Hearing Officer, in turn, issued a guilty…