Lionkingzulu 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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Following a melee in the prison exercise yard, petitioner was charged in a prison misbehavior report with fighting, refusing a direct order and engaging in violent conduct. He was found guilty as charged following a tier III disciplinary hearing and, upon administrative appeal, that determination was…