MATTER OF McNEIL v. FISCHER

512813.

95 A.D.3d 1520 (2012)

944 N.Y.S.2d 401

2012 NY Slip Op 3906

In the Matter of RODNEY McNEIL, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 17, 2012.


A correction officer supervising the law library denied petitioner entry one morning because his name was not on the master call out list. Petitioner became upset, shouted obscenities at the officer and refused the officer's directive to be quiet. He then inquired if he would be able to enter the law library in the afternoon and produced two call out slips allegedly signed by another correction officer giving him access at two different times, as well as three additional...

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