Gibson v. Fischer

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered December 4, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with creating a disturbance, assaulting staff and refusing a direct order. Following a tier III hearing, he was found guilty of all charges. On administrative appeal, the determination was…