Cox 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, an inmate at Southport Correctional Facility in Chemung County, commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination finding him guilty of misuse of state property and gang activity. This Court has been advised by the Attorney General that the administrative determination has been reversed and all…