Gallo 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 a prison disciplinary rule.

Petitioner was charged in a misbehavior report with assaulting an inmate and possession of drugs after an investigation revealed that he hired one inmate to “cut” another inmate who had supposedly failed to pay petitioner for drugs. Following a tier III disciplinary hearing, petitioner was found guilty of the assault charge and not guilty of the drug charge. That…