Baker 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 two misbehavior reports with violating the prison disciplinary rules prohibiting possession of contraband (two counts) and possession of an altered item. At the tier III disciplinary hearing, petitioner pleaded guilty to all three charges. However, the Hearing Officer, upon review of the proof, found petitioner not guilty of one of…