Rambert 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 in a misbehavior report with assaulting staff, engaging in violent conduct and *1112refusing a pat frisk after he allegedly elbowed a correction officer in the face while being frisked. Following a tier III disciplinary hearing, petitioner was found guilty and, although the penalty was modified on administrative appeal,…