Nelson 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 was charged in a misbehavior report with conspiring to smuggle and possess drugs, as well as violating facility visitation procedures. After a tier III disciplinary hearing, he was found guilty as charged. His administrative appeal resulted in a modified penalty and, thereafter, he commenced this CPLR article 78 proceeding.

Initially, inasmuch as…