Pulecio 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.

Petitioner was issued an electric truck and key to perform his duties as a parts mover in a work training program at Attica Correctional Facility. Approximately four hours later, he reported that the key was missing. When it was not recovered, petitioner was charged in a misbehavior report with losing…