Joseph v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review separate determinations of respondent which found petitioners guilty of violating certain prison disciplinary rules.

Petitioners, two prison inmates, were charged in separate misbehavior reports with gang activity, conspiring to commit assault on staff and conspiring to engage in group violence. Following separate tier III hearings, petitioners were found guilty as charged. These determinations were affirmed on administrative review and petitioners thereafter…