Hyatt 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.

Petitioner, a prison inmate, was charged in a misbehavior report with disobeying a direct order, interfering with staff, having an untidy cell, engaging in violent conduct and creating a disturbance based upon an incident wherein petitioner failed to remove paper that was covering his cell vent, refused to cooperate with cell frisk procedures and had to be…