Matter of Faulks 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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possessing alcohol. The misbehavior report relates that petitioner appeared to be intoxicated — acting in an animated manner, talking loudly and slurring his speech — and, upon smelling an empty orange juice bottle recovered from…