Hodges 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.

While conducting a facility count on December 11, 2007, a correction officer observed petitioner with his hand inside the front of his pants stroking his groin area. The incident led to a confrontation and petitioner was subsequently charged in a misbehavior report with engaging in lewd conduct and refusing *1296to obey a direct order. Following a tier III disciplinary…