Sorrentino 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

A random search of petitioner’s prison cell revealed two shampoo bottles filled with a clear liquid containing orange *1355peels and a white substance at the bottom. When the liquid was determined to be fermenting alcohol, petitioner was served with a misbehavior report and, following a tier III disciplinary hearing, he was found guilty of possessing alcohol. After an…