Guillory v. Fischer

Appeal from a judgment of the Supreme Court (Cerio, J.), entered March 5, 2013 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with smuggling and possessing an article where its use or possession is prohibited after a pat frisk revealed tobacco hid*1427den in his shoe. Following a tier III disciplinary hearing, petitioner was found guilty as charged and the…