Rohs v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate who is deaf and blind in one eye, was being escorted into the mess hall when he was given an order by a correction officer to tuck in his shirt. Petitioner argued that the regulations did not require him to do so, but finally complied with the order. Because of the confrontation, however, other inmates were unable to proceed…