Turner 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 certain prison disciplinary rules.

Petitioner stroked the hand of a female employee while she was working in the storeroom and made an inappropriate comment to her when she pulled her hand away. As a result, he was charged in a misbehavior report with stalking, assaulting staff and forcible touching. The same day, petitioner was directed to disrobe for a medical evaluation and to hand his…