Kimbrough 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

*1252After the personal property in petitioner’s cell had been packed up in preparation for a move to another facility, a correction officer observed petitioner pass documents contained in a booklet entitled “Urban Books” to another inmate through his cell bars. The officer reviewed the documents and found…