Sowell v. Fischer

— Appeal from a judgment of the Supreme Court (Teresi, J.), entered February 17, 2012 in Albany County, which partially granted 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 commenced a CPLR article 78 proceeding challenging two tier III prison disciplinary determinations, one of which was rendered as the result of an April 26, 2011 hearing in which petitioner claimed that he received inadequate assistance because his assistant failed to, among…