Texeira v. Fischer

Appeal from that part of a judgment of the Supreme Court (Lawliss, J.), entered May 24, 2013 in Clinton County, which partially dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Eetitioner, an inmate, commenced this CFLR article 78 proceeding seeking to challenge a tier III prison disciplinary determination finding him guilty of multiple prison disciplinary rule violations, including, among other things, attempted infliction of bodily harm, threats and…