Lashway v. Fischer

Appeal from a judgment of the Supreme Court (Breslin, J.), entered January 30, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Corrections and Community Supervision finding 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 finding him guilty of violent conduct, interference with employees, refusing a direct order and movement violations.…