Murray v. Fischer

*1008Proceeding 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 which found petitioner guilty of violating certain prison disciplinary rules.

A correction officer listened to an audiotape of a meeting of inmates who belonged to the Nation of Islam. On the tape, he heard petitioner making comments that he believed were threatening and designed to encourage other inmates to take adverse collective action against correction officials. As a result, petitioner was charged in a misbehavior report with…