Chiarappa 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

During a search of petitioner’s cell, a correction officer found a folded metal can lid hidden under some clothing on the shelf of petitioner’s large locker. Petitioner, in turn, charged at the officer and tried to strike him with a clenched fist. In response, the officer forced petitioner to the ground and held him until other officers assisted in placing…