Madrigal 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.

Petitioner, a prison inmate, was charged with violating prison rules prohibiting possession of marihuana, smuggling, disobeying a direct order and refusing to comply with urinalysis testing procedures. After petitioner’s request for an English/Spanish interpreter was denied, he continued to attempt to speak in Spanish during the tier III disciplinary…