Hutchinson v. Annucci
| Decision Date | 27 April 2017 |
| Citation | 149 A.D.3d 1443,52 N.Y.S.3d 734 |
| Parties | In the Matter of Joseph HUTCHINSON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
149 A.D.3d 1443
52 N.Y.S.3d 734
In the Matter of Joseph HUTCHINSON, Petitioner,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Supreme Court, Appellate Division, Third Department, New York.
April 27, 2017.
Joseph Hutchinson, Auburn, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Joseph M. Spadola of counsel), for respondent.
Before: PETERS, P.J., GARRY, ROSE, DEVINE and MULVEY, JJ.
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 finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate, was involved in a three-man assault with a razor on another inmate, after which he was charged in two misbehavior reports with violating various prison disciplinary rules. In the first misbehavior report, authored by the correction officer who witnessed the incident, petitioner was charged with violent conduct, fighting, creating a disturbance and refusing to obey a direct order. The second misbehavior report—authored by the correction officer who had investigated recent facility unrest and who reviewed video footage of the incident—charged petitioner with assaulting an inmate, possessing a weapon and gang activity. Following a hearing held on both misbehavior reports, petitioner was found guilty of all charges. On administrative appeal, the determination
of guilt was upheld as to all charges except for the gang activity charge, which was reversed without any modification to the penalty imposed. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior reports, hearing testimony and documentary evidence, as well as the video of the incident, provide substantial evidence supporting the determination of guilt (see Matter of McClain v. Venettozzi, 146 A.D.3d 1264, 1265, 45 N.Y.S.3d 702...
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Ballard v. Annucci, 525782
...1508, 1509, 57 N.Y.S.3d 736 [2017], lv denied 30 N.Y.3d 903, 67 N.Y.S.3d 128, 89 N.E.3d 518 [2017] ; Matter of Hutchinson v. Annucci, 149 A.D.3d 1443, 1444, 52 N.Y.S.3d 734 [2017] ), and the record does not establish the Hearing Officer's personal efforts, if any, to secure this inmate's te......
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Rudolph v. Annucci
...notwithstanding that the videotape of the incident is inconclusive in certain respects (see generally Matter of Hutchinson v. Annucci, 149 A.D.3d 1443, 1443, 52 N.Y.S.3d 734 [3d Dept. 2017] ). The testimony of petitioner and the other inmates who testified at the hearing merely raised credi......
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Cordero v. Rodriguez
...(see 156 A.D.3d 980 Matter of Kalwasinski v. Venettozzi, 152 A.D.3d 853, 853, 54 N.Y.S.3d 888 [2017] ; Matter of Hutchinson v. Annucci, 149 A.D.3d 1443, 1443, 52 N.Y.S.3d 734 [2017] ). We find no error in the Hearing Officer's denial of petitioner's request to recall the author of the first......