Wilcox v. Fischer

Spain, J.P.

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 a prison disciplinary rule.

Petitioner, a prison inmate, was charged in a misbehavior report with possession of a weapon, possession of a tool without authorization and possession of an article in a prohibited area after a correction officer searched her backpack and discovered a pair of scissors that had been taken from the prison chapel, where petitioner worked. Although the…