Thurmond v. Fischer

Appeal from a judgment of the Supreme Court (Cahill, J.), entered May 22, 2012 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR *1235article 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 engaging in lewd conduct and refusing a direct order in violation of prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. Petitioner thereafter commenced this CPLR…