Walker 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.
Before conducting a pat frisk on petitioner, a correction officer asked him if he had any contraband on him. After petitioner denied having any contraband, the officer found a broken piece of a mirror taped to the bottom of petitioner’s foot. He was thereafter charged in a misbehavior report with possessing a weapon and making a false statement. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was upheld upon administrative review, prompting this CPLR article 78 proceeding.
We confirm. The misbehavior report, related documentation, including a photograph of the broken piece of mirror, and hearing testimony provide substantial evidence supporting the determination of guilt (see Matter of Harvey v Fischer, 94 AD3d 1303, 1303 [2012]; Matter of Bosquet v Bezio, 69 AD3d 1257, 1257 [2010]). Contrary to petitioner’s contention, inasmuch as the misbehavior report set forth the rule violations and the conduct that provided the basis for the charges, the report was sufficiently detailed to provide him with notice of the charges to enable him to prepare a defense (see Matter of Booker v Fischer,
Rose, J.P., Lahtinen, Spain and Garry, 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.