Alicea 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 disciplinaiy rules.

During a search of petitioner’s cell, various items were discovered and confiscated, including a radio permit that appeared to be forged, as well as a radio and an equalizer, both of which had altered inmate identification numbers. In addition, there was no permit on file in the package room for the equalizer. As a result, petitioner was charged in a…