Poe 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, a prison inmate, was charged in a misbehavior report with making threats, extortion and making an unauthorized exchange after an investigation revealed that he had taken a fellow inmate’s watch as a partial payment for debts owed to him and threatened that inmate with bodily harm if he failed to completely pay off the debt. Following a tier III…