Marshall v. Annucci

*1437Proceeding 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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was observed fighting with another inmate in a prison kitchen area and, later that day, a cell search disclosed a lighter in a boot on top of his food locker and religious oils in a bowl inside his clothing locker containing his personal belongings. He was charged in two misbehavior reports with fighting, violent conduct and creating a disturbance…