Henry v. Fischer

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

A female correction officer was working the control room when petitioner approached, asked her for a pair of scissors, told her that he needed to speak with her and pointed to a folded piece of paper in the door hatch. The paper, which was not there before petitioner approached, was a note written by a “secret admirer” professing his affection for the officer…