Lamage 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 the Superintendent of Sing Sing Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner and another inmate were observed punching each other in a crowded prison yard area, ignoring several directives to stop. As a result, petitioner was charged in a misbehavior report with fighting, disobeying a direct order, violent conduct and creating a disturbance. Following a tier II disciplinary…