Johnson 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 found guilty of impersonation and a movement violation.* The correction officer who authored the misbehavior report testified that petitioner used a law library bathroom pass in order to go to her desk. Petitioner handed the correction officer a memorandum that he had written for the Youth Assistance Program in which he had…