Palermo 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.

After receiving information that a series of gang-related assaults were imminent, prison officials conducted an investigation and discovered that one of the intended victims was petitioner, a prison inmate, who was alleged to be a gang leader. The planned assaults were determined to be in retaliation for an earlier attempted assault allegedly perpetrated by…