Gaston v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was called to the medical unit and ordered to surrender his knee brace for inspection. He declined, stating that he needed it to do physical therapy exercises and would bring it the following day. That same day, petitioner was directed to walk through a metal detector and also to…