McNeil 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 the Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

*1026A correction officer observed petitioner talking during the master count and issued several orders for him to stop before he actually did so. As a result, petitioner was charged in a misbehavior report with employee interference, refusing a direct order, delaying the count and violating count procedures.…