Reynoso v. Fischer
Opinion of the Court
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 gallery frisk, petitioner struck a correction officer in the face with handcuffs, and a misbehavior report was thereafter served charging him with assault on staff, engaging in violent conduct, interference, failing to comply with frisk procedures and using contraband as a weapon. After a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative review and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, unusual incident report,
Cardona, P.J., Mercure, Rose, Stein and McCarthy, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.