Sweeper v. Fischer

Appeal from a judgment of the Supreme Court (Zwack, J.), entered February 29, 2012 in Albany County, which dismissed *1181petitioner’s application, in a proceeding pursuant to CPLR article 78, to review (1) a determination of respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating a prison disciplinary rule and (2) a determination of the Central Office Review Committee denying his grievance.

When a correction officer discovered that petitioner had an altered hot pot, it was confiscated. As a result, a tier I disciplinary hearing was conducted and…