Green v. Annucci
| Decision Date | 17 August 2017 |
| Docket Number | 523774. |
| Citation | 61 N.Y.S.3d 375,153 A.D.3d 1099 |
| Parties | In the Matter of Shawn GREEN, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 1099
61 N.Y.S.3d 375
In the Matter of Shawn GREEN, Appellant,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
523774.
Supreme Court, Appellate Division, Third Department, New York.
Aug. 17, 2017.
Shawn Green, Dannemora, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents.
Before: McCARTHY, J.P., EGAN JR., LYNCH, ROSE and MULVEY, JJ.
EGAN JR., J.
Appeal from a judgment of the Supreme Court (McDonough, J.), entered July 28, 2015 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to, among other things, compel the Department of Corrections and Community Supervision to take disciplinary action against two employees and respondent Acting Commissioner of Health to take action against certain medical personnel.
Upon being escorted into an emergency room for the purpose of having his foot examined, petitioner became verbally combative and orally refused to comply with several direct orders to remove his right boot and sock to facilitate the examination. Following this incident, petitioner was charged in a misbehavior report with refusing a direct order and physically or verbally obstructing or interfering with an employee. A tier III disciplinary hearing ensued, and petitioner was found guilty of refusing a direct order and not guilty of interfering with an employee. Following the conclusion of his disciplinary hearing, petitioner sent respondent Commissioner of Corrections and Community Supervision what he characterized as "a petition pursuant to Civil Service Law § 75"—alleging that the author of the misbehavior report and the Hearing Officer had engaged in misconduct at the hearing and were biased and requesting that disciplinary action be taken against them. In addition to filing four grievances regarding allegedly improper medical care that he had received, which ultimately were denied by the Central Office Review Committee (hereinafter CORC), petitioner also submitted four complaints to the Office of Professional Medical Conduct (hereinafter OPMC). OPMC responded by informing petitioner that it either had no jurisdiction over the named professionals in the complaints or that the professionals' actions did not constitute professional medical misconduct.
Petitioner's disciplinary determination was upheld upon administrative review, prompting petitioner to commence this proceeding pursuant to CPLR article 78 in the nature of mandamus and prohibition seeking to, among other things, compel the Department of Corrections and Community Supervision (hereinafter DOCCS) to take disciplinary action against the Hearing Officer and author of the misbehavior report and compel OPMC to take...
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