Matter of Nance 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.

Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of violating two disciplinary rules. Petitioner contends, among other things, that the Hearing Officer erred in failing to ascertain why a requested inmate had refused to testify. Respondent concedes, and we agree, that inaudible gaps in the…