MATTER OF PAGAN v. ANNUCCI

NO. 522838

147 A.D.3d 1125 (2017)

45 N.Y.S.3d 812

2017 NY Slip Op 00689

In the Matter of DANIEL PAGAN, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 2, 2017.


During the course of an investigation, correction officials received confidential information revealing that petitioner and two other inmates were planning to escape from the correctional facility. As a result, petitioner was charged in a misbehavior report with conspiracy to escape. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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