Brickhouse v. Fischer

Appeal from a judgment of the Supreme Court (Connolly, J.), entered March 3, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Following a search of petitioner’s cell, he was charged in a misbehavior report with the unauthorized possession of Uniform Commercial Code (hereinafter UCC) documents and possession of contraband. At the tier II disciplinary hearing that followed,…