Gardine 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 Acting Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with a urinalysis testing violation and refusing a direct order as a result of an incident that occurred on February 23, 2013. Several hours later, petitioner defecated in his hands and *977was charged in a second misbehavior report with…