Matter of Johnson v. Annucci

Summary

The New York Appellate Division, Fourth Department, reviewed an Article 78 proceeding challenging a tier III prison disciplinary determination. The court annulled findings that the petitioner violated rules concerning refusal of a direct order and interference with an employee, directed expungement of those violations, vacated the recommended loss of good time, and remitted for reconsideration based on the remaining urinalysis-testing violation.

Holdings

1. The findings that Johnson violated inmate rules 106.10 and 107.10 were not supported by substantial evidence and therefore had to be annulled.
2. Substantial evidence supported the determination that Johnson violated inmate rule 180.14.
3. The recommended two-month loss of good time had to be vacated and remitted to the respondent for reconsideration in light of the court's annulment of the rule 106.10 and 107.10 violations.

Questions Presented

1. Whether substantial evidence supported the determinations that Johnson violated inmate rules 106.10 and 107.10.
2. Whether substantial evidence supported the determination that Johnson violated inmate rule 180.14.
3. Whether the recommended two-month loss of good time should be vacated and remitted for reconsideration after two violations were annulled.

Disposition

remanded