Bebmudez 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, a prison inmate, became verbally abusive toward a correction officer who directed him to submit his property for an inspection before moving it. When the inspection was conducted, an altered hotpot was found among petitioner’s belongings. Thereafter, petitioner was charged in a misbehavior report with creating a disturbance, possession of an…