Barnett v. Fischer

*1352Proceeding 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 served with a misbehavior report charging him with drug possession and smuggling after a fellow inmate informed a correction officer that petitioner had given him heroin to transport to the main yard. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was upheld on…