Scott 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.

While a correction officer was conducting a pat frisk of petitioner, petitioner appeared to swallow a foreign object that had been secreted in his mouth. Petitioner was escorted to the hospital where an X ray revealed that he had, in his stomach, a razor blade wrapped in some type of material. Petitioner was placed on…