Matter of Cooper 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.

During the course of an investigation, a correction sergeant received confidential information identifying petitioner as one of the inmates involved in an attack upon another inmate. As a result, she prepared a misbehavior report charging petitioner with engaging in violent conduct and assaulting an inmate. Following a tier III disciplinary hearing,…