Jenkins v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in two misbehavior reports with a number of prison disciplinary rule violations after he refused a correction officer’s directive to turn over a state-issued shirt that had been altered, attempted to strike that officer and, when he was escorted away from the area by another correction officer for a pat frisk, refused that officer’s…