Gardine v. Annucci

Summary

The court reviewed a CPLR article 78 proceeding challenging prison disciplinary findings against the petitioner. It annulled the determination because substantial evidence did not support the charges in either misbehavior report and directed that all references to the charges be expunged from the petitioner’s institutional record.

Holdings

1. The determination of guilt arising from the first misbehavior report was not supported by substantial evidence and must be annulled.
2. Gardine did not abandon his challenge to the second misbehavior report.
3. The determination of guilt on the charges arising from the second misbehavior report was not supported by substantial evidence and must be annulled.

Questions Presented

1. Whether substantial evidence supported the determination of guilt on the charges arising from the first misbehavior report.
2. Whether Gardine abandoned his challenge to the charges arising from the second misbehavior report.
3. Whether substantial evidence supported the determination of guilt on the charges arising from the second misbehavior report.

Disposition

other