Banks 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with demonstration, refusing to obey a direct order and refusing to lock in after he and several other prisoners refused to lock in to their cells when directed to by correction officers who were attempting to gain control of another prisoner. Following a tier III disciplinary…