Espinal 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.

During the course of an investigation, correction officials received confidential information indicating that petitioner was a high ranking member of an unauthorized gang. It was further revealed that he and other gang members surrounded another inmate while brandishing weapons and threatened to harm the inmate if he continued to use the unit phones without…