Shakur v. Smith

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.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits fighting after *899petitioner and another inmate were observed on the medical transport bus yelling and pushing each other. Petitioner was found guilty of fighting following a tier II disciplinary hearing. After an unsuccessful administrative appeal, petitioner…