Matter of McCall v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner became disruptive as he approached a gate emptying into the prison yard, and he struck a correction officer with his shoulder as he walked through the gate. He then punched the officer and had to be subdued. Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and creating a disturbance. He pleaded…