German 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 a prison disciplinary rule.

Petitioner commenced this proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of gang-related material. A correction sergeant wrote in the misbehavior report that a correction officer confiscated photos, a Bible and other various papers upon searching petitioner’s property when he was being…