Hight v. Coughlin

Appeal from a judgment of the Supreme Court (Prior, Jr., J.), entered July 24, 1989 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.

Petitioner appeals a determination finding him guilty of charges stemming from his assault on Correction Officer Alec Saddlemire. According to Saddlemire’s misbehavior report, petitioner took a swing and struck him in the forehead during a pat frisk. Petitioner then assumed a "fighting stance”,…