McDuffy 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.

Correction officials received information from a confidential source that petitioner had tried to make sexual advances toward him. As a result, petitioner was charged in a misbehavior report with attempting to engage in sexual acts. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on…