Lewis v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was served with two misbehavior reports, one for an incident that occurred on July 10, 2012 and the other for an incident that occurred on August 10, 2012. In the first misbehavior report, petitioner was charged with making threats, creating *1195a disturbance, refusing a direct order and harassment. At the tier III disciplinary hearing held to…