Omaro 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, a prison inmate, was found guilty of making an unauthorized exchange of personal property when an anti-bullying manual he wrote was found in another inmate’s cell. The correction officer who authored the report noted that petitioner had been instructed not to disseminate the manual, but did not discover whether petitioner had actually given the manual…