Alicea 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 certain prison disciplinary rules.

After an area search of the special housing unit uncovered two pieces of incoming mail in petitioner’s cell, he was charged in a misbehavior report with a facility correspondence violation and possessing gang-related material. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was upheld upon administrative…