Hood 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 the Superintendent of Sullivan Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was visiting with his wife when a correction officer observed that the wife had her back turned towards petitioner, her shirt was lifted up from behind, her pants were unbuttoned and petitioner, whose pants were slightly down, was pulling her pants up from behind. The officer confronted…