Blocker v. Fischer

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

Petitioner, a prison inmate, was charged in two misbehavior reports for incidents that occurred on December 8, 2011 at the correctional facility infirmary. One report related that petitioner kicked a correction officer in the head, spit at him and engaged *1286in a struggle with the officer despite being directed to stop. In the report, petitioner was charged…