Shields 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

During a comedic performance that was part of a prison talent show, petitioner used vulgar and profane language and made comments that were disrespectful to staff. As a result, he was charged in a misbehavior report with harassment, interfering with an employee and a creating a disturbance. Petitioner…