Mays 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 was charged in a misbehavior report with creating a disturbance, stalking and interference with an employee after he was observed leaning out of a line waiting to go through a metal detector in order to stare at a female correction officer. After petitioner was overheard making an inappropriate remark, the ensuing disturbance delayed the security…