Frejomil 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 a prison disciplinary rule.

Petitioner, an inmate who worked in the Inmate Grievance Program Office (hereinafter IGPO), commenced this CPLR article 78 proceeding challenging a determination finding him guilty of disobeying a direct order after he gave a fellow inmate certain information without prior approval from his supervisor. The misbehavior report, together with the testimony from the…