Argentina v. Fischer

Appeal from a judgment of the Supreme Court (McGrath, J.), entered November 15, 2011 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.

Prison staff searching petitioner’s property during a cell transfer found certain contraband and prohibited materials. Petitioner was charged with violating four prison disciplinary rules and was found guilty of possessing gang-related materials, excessive stamps and contraband. The…