West 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, allegedly struck a correction officer while leaving his cell and fought against that officer and two others who then attempted to subdue him. A misbehavior report was filed and, after a tier III disciplinary hearing, a Hearing Officer found petitioner guilty of assaulting staff members, engaging in violent conduct and failing to…