Howard v. Fischer

Proceeding 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.

While in the family picnic area, a correction officer observed petitioner exit the inmate bathroom and then observed petitioner’s wife exit the same bathroom a few minutes later. The officer noticed wet stains on the dress that petitioner’s wife was wearing. When the officer questioned petitioner about the incident, he replied, “You got me, I was getting…