Gibson 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

As the result of an investigation into a telephone call that petitioner made to his wife, petitioner was charged in a misbehavior report with smuggling, drug possession, violating visiting room procedures and making unauthorized calls. He was found guilty of the charges following a tier III disciplinary hearing and the…