Raqiyb 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 the Superintendent of Wende Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

A correction officer observed petitioner and another inmate squaring off in fighting stances. As a result, the officer ordered petitioner and the other inmate to lock in their respective cells. Refusing to do so, petitioner and the other inmate were eventually separated from each other before a physical altercation occurred.…