Davis 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, an inmate, claims to have observed a correction counselor having inappropriate contact with another inmate while a parole officer acted as the lookout. He wrote a letter to the parole officer complaining that he was being set up with respect to this incident and threatened to take adverse action. As a result, petitioner was charged in a…