Singleton v. Fischer

Appeal from a judgment of the Supreme Court (Cahill, J.), entered March 28, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

A correction officer observed petitioner involved in a physical altercation with another inmate. The officer ordered the inmates to stop fighting, but his orders were ignored. The officer then observed petitioner with a weapon in his hand stabbing the other inmate and directed petitioner to drop…