Byrd 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.

Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, assaulting staff and interfering with an employee. According to the misbehavior report, petitioner was identified as one of approximately 25 inmates who were throwing closed-fist punches at correction officers during a mass disturbance in the main yard.…