Alston 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 a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting him from engaging in a sex act with another inmate. His subsequent administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued. The misbehavior report, together with the testimony of its author and the confidential…