MATTER OF ROSARIO v. FISCHER

513175.

95 A.D.3d 1528 (2012)

943 N.Y.S.2d 919

2012 NY Slip Op 3913

In the Matter of WILFREDO ROSARIO, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 17, 2012.


After returning from court, petitioner refused a correction officer's directive to report to a program. Consequently, he was charged in a misbehavior report with refusing a direct order and failing to accept a program assignment. He was found guilty of the charges following a tier III disciplinary hearing. On administrative appeal, the charge of failing to accept a program assignment was dismissed, but the remainder of the determination...

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