Santiago 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 a search of his prison cell, petitioner became involved in an altercation with several correction officers. As a result, he was served with a misbehavior report charging him with assaulting staff, refusing a direct order, engaging in violent conduct, causing a disturbance and interfering with staff. During the ensuing tier III disciplinary hearing,…