Trapani 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

After hearing a loud banging sound, a correction officer proceeded to petitioner’s cell where he observed food on the cell bars and floor leading him to conclude that petitioner had thrown his food tray. As a result, petitioner was charged in a misbehavior report with committing an unhygienic act. He was found guilty of the…