Lashway 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.

Petitioner was charged in a misbehavior report with smuggling, possessing excess stamps and possessing an authorized item in an unauthorized area. According to the report, an authorized random search of petitioner’s cell revealed 231 stamps “secreted” throughout the cell; two of these stamps were of the type that could not be purchased by inmates in the…