Perez 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.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination which found him guilty of smuggling and possessing a weapon after a five-inch piece of sharpened plexiglás was alleged to have been found among his legal papers. The Attorney General has informed this Court that the determination at…