Rodriguez v. Fischer

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered August 3, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Inspector General designating petitioner as a central monitoring case.

In November 1997, while incarcerated upon an earlier conviction of manslaughter in the first degree, petitioner repeatedly stabbed another inmate in response to an aggressive sexual advance, causing the inmate’s death. Although petitioner was originally convicted of depraved indifference murder in the…