Denker v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with failing to comply with a direct order, assaulting a staff member, interference, being out of place, violating count procedures and violent conduct in connection with an incident wherein he disregarded an order to remain in the dorm and…