Henry v. Fischer

Appeal from a judgment of the Supreme Court (McGrath, J.), entered May 14, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to challenge a tier III prison disciplinary determination finding him guilty of violating various prison *869disciplinary rules, including assault, violent conduct and gang activity. Supreme Court dismissed the petition and…