Matter of Smith 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with committing an unhygienic act and disobeying a direct order. The misbehavior report relates that, during a strip search, petitioner notified the correction officer that he needed to use the restroom. Although the correction officer directed petitioner to continue with the strip search, petitioner urinated…