Nova v. Fischer

Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 19, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, among other things, granted respondent’s motion to annul his determination and remit for a new hearing.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating several prison disciplinary rules, including creating a disturbance, violent conduct and assault on staff. Three audio tapes had been used to record the disciplinary hearing, however, upon…