Sanders 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 which found petitioner guilty of violating certain prison disciplinary rules.

As petitioner was returning to his cell from his prison job, a correction officer stopped him and questioned him about some paperwork that he was carrying. Petitioner became argumentative and the officer ordered him to stand against the wall for a pat frisk. Petitioner proceeded to strike the officer and another officer in the area, and a struggle ensued…