Cummings 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following an investigation, petitioner, a prison inmate, received a misbehavior report charging him with assaulting an inmate and violent conduct based on an altercation with a laundry porter. A tier III disciplinary hearing was held, after which petitioner was found guilty of violent conduct, but not *1392guilty of…