Fitzroy v. Coughlin

Appeal from a judgment of the Supreme Court (Klein, J.), entered March 22, 1988 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

In October 1985, petitioner, an inmate at Elmira Correctional Facility in Chemung County, was charged with assault and arson in violation of facility rules 100.10 and 118.10. Specifically, petitioner was accused of throwing a burning object into the cell of…