Gressler 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.

During a search of petitioner’s cell, a correction officer found a folded can lid located in petitioner’s large locker. As a result, he was charged in a misbehavior report with possessing a weapon and possessing an authorized item in an unauthorized area. Following a tier III disciplinary hearing, he was found *896guilty of the charges. The determination was…