Hyatt 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 a correction officer was handing out food trays to inmates, petitioner allegedly threatened to throw feces at the officer when he returned to collect the trays. The officer ordered *1264petitioner to pack his property because he was moving and petitioner refused. Petitioner continued to resist the officer’s orders and the extraction team was called, at…