MATTER OF WRIGHT v. ANNUCCI

2015-12038, Index No. 3426/15.

175 A.D.3d 1306 (2019)

105 N.Y.S.3d 918

2019 NY Slip Op 06500

In the Matter of Earl Wright, Petitioner, v. Anthony J. Annucci, Acting Commissioner of the Department of Corrections and Community Supervision, Respondent.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Earl Wright, Stormville, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and David Lawrence III of counsel), for respondent.

Mastro, J.P., Balkin, Iannacci and Christopher, JJ., concur.


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...

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