Kirton 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.

After petitioner was observed placing an unknown object in his pants pocket in the mess hall, a correction officer gave him several direct orders to show him what was in his pocket and, in response, petitioner slid the object under his food tray and denied having anything. When the officer tried to retrieve the object, petitioner moved over to block the officer…