Joseph v. LaClair

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

After petitioner was discovered with a black eye and a bite mark on his left shoulder and his proffered explanations for the injuries were unsubstantiated, he was charged in a misbehavior report with fighting and failing to promptly report an injury. Following a tier II disciplinary hearing, he was found guilty of both charges. Petitioner’s administrative…