Douglas v. Fischer

Lahtinen, J. Appeal from a judgment of the Supreme Court (McDonough, J.), entered February 24, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Director of Special Housing and Inmate Disciplinary Programs ruling that petitioner had not filed a timely appeal of a determination that he had violated certain prison disciplinary rules.

Following a tier III disciplinary hearing conducted on May 8, 2008, petitioner was found guilty of violent conduct and assaulting a staff member. In July 2008,…