Bailey 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.

As the result of an ongoing investigation, petitioner was charged in a misbehavior report with soliciting, attempted drug possession, smuggling, violating facility packaging procedures, engaging in a third-party call and using another inmate’s personal identification number. The charges stem from a review of petitioner’s telephone calls to his wife and a…