Olutosin v. Fischer

*1179Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered December 6, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

When a correction officer directed petitioner to lock into his new cell, petitioner punched the officer and a physical altercation ensued. The commotion was heard by another officer who tackled petitioner in order to stop the attack. Petitioner attempted to strike this officer, but was subdued.…