Rivera v. Fischer

Appeal from a judgment of the Supreme Court (McNamara, J), entered July 28, 2009 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.

During the processing of outgoing mail, a correction officer came across a legal envelope addressed to the Commission on Judicial Conduct, accompanied by an authorized advance request, which roused suspicion. These documents were forwarded to the Deputy Superintendent for investigation. The…