Cummings v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, received three misbehavior reports on April 25, 2012. The first misbehavior report charged petitioner with refusing a direct order, and the second misbehavior report charged him with making threats, creating a distur*1455bance, refusing a direct order, interfering with an employee, harassment and delaying the count. These charges…