Evans 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 assault on staff, violent conduct, interfering with staff and refusing a direct order as the result of a scuffle that ensued after he attempted to “headbutt” a correction officer who was trying to escort him to the showers. Following a tier III disciplinary hearing, petitioner was found guilty of all…