Matthews 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.

During a search of petitioner’s cell, a correction officer found a number of prohibited items, including a pair of tweezers that had sharpened ends. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing contraband, possessing an article in a prohibited area and possessing an altered item. He was found guilty of the…