Wright v. Annucci
| Decision Date | 11 September 2019 |
| Docket Number | Index No. 3426/15,2015–12038 |
| Parties | In the Matter of Earl WRIGHT, Petitioner, v. Anthony J. ANNUCCI, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
175 A.D.3d 1306
105 N.Y.S.3d 918 (Mem)
In the Matter of Earl WRIGHT, Petitioner,
v.
Anthony J. ANNUCCI, etc., Respondent.
2015–12038
Index No. 3426/15
Supreme Court, Appellate Division, Second Department, New York.
Argued - June 14, 2019
September 11, 2019
Earl Wright, Stormville, NY, petitioner pro se.
Letitia James, Attorney General, New York, N.Y. (Judith N. Vale and David Lawrence III of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 to review a determination of the Director of the Special Housing/Inmate Disciplinary Program, on behalf of the respondent, Anthony J. Annucci, Acting Commissioner of the Department of Corrections and Community Supervision, dated May 18, 2015. The determination affirmed so much of a determination of a hearing officer dated February 25, 2015, made after a tier III disciplinary hearing, as found that the petitioner was guilty of violating prison disciplinary rule 113.14 ( 7 NYCRR 270.2 [B][14][iv] ), and imposed penalties.
ADJUDGED that the petition is granted, without costs or disbursements, the determination finding the petitioner guilty of violating prison disciplinary rule 113.14 ( 7 NYCRR 270.2 [B][14][iv] ) is annulled, the penalties imposed are vacated, the charge is dismissed, and the respondent is directed to expunge all references to that finding from the petitioner's institutional record.
The petitioner, an inmate at the Green Haven Correctional Facility, received medication in the facility's "medication room." He put the medication in his mouth and began to leave the room. As the petitioner left, he was stopped by a corrections officer who directed the petitioner to open his mouth and spit out the remnants of his medication that had not yet dissolved. The petitioner was thereafter charged with, and found guilty of, unauthorized
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