Matter of Tenney v. Annucci

Appeal from a judgment of the Supreme Court (Mott, J.), entered August 23, 2016 in Ulster County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was removed from his special housing unit cell in order for correction officers to conduct a suspicious search. That search led to the discovery of a sharp metal object taped within the interior of a radio found in the cell. Petitioner was thereafter charged in a misbehavior report with…