Rodriguez 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.

While in the vicinity of petitioner’s cell, a correction officer heard petitioner shouting obscenities and making loud banging noises. After instructing petitioner to be quiet, the officer heard a loud crash. Shortly thereafter, a different correction officer went to petitioner’s cell to investigate and found that a locker and toilet were broken. As a…