Amato v. Fischer

Appeal from a judgment of the Supreme Court (Breslin, J.), entered April 9, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

After detecting an odor emanating from petitioner’s cell, a correction officer recovered a container of liquid that tested positive for alcohol. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting inmates from possessing alcohol. He was found…