Fordham v. Lee

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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

A large number of inmates were fighting in the recreation yard and refused orders to stop until a warning shot was fired into the air. Petitioner was identified as one of the inmates and charged in a misbehavior report with refusing a direct order, fighting, creating a disturbance and engaging in violent…