Suero 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

While a group of inmates were returning from a medication run, a correction officer noticed that petitioner appeared to have an object concealed in the palm of his right hand. When the officer directed petitioner to stand to the side, petitioner complied but proceeded to put the object in his mouth. The…