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

Following a six-month investigation, petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit unauthorized exchange, drug possession, smuggling, stealing and extortion. Following a tier III disciplinary hearing, petitioner was found guilty of unauthorized…