Watson v. Fischer

*1172Appeal from a judgment of the Supreme Court (O’Connor, J.), entered November 15, 2011 in Albany County, which dismissed 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.

As a result of an altercation with another inmate, petitioner was charged in a misbehavior report with assaulting an inmate, engaging in violent conduct, fighting, creating a disturbance and refusing a direct order. A tier III disciplinary hearing was thereafter conducted. Petitioner did not…