Matter of Fann 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 the Superintendent of Auburn Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with refusing a direct order and failing to comply with facility count procedures. The charges stem from petitioner remaining in his bed without responding to several orders to report for the facility’s morning count. Following a tier II disciplinary hearing, petitioner was…