MATTER OF RAMOS v. FISCHER

513184.

95 A.D.3d 1530 (2012)

944 N.Y.S.2d 405

2012 NY Slip Op 3915

In the Matter of PETER RAMOS, 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.


While a correction officer was escorting petitioner to a bus, petitioner became argumentative and refused to proceed further than the second step. When the officer directed petitioner to get onto the bus, petitioner spit in the officer's face. As a result, the officer prepared a misbehavior report charging petitioner with refusing a direct order, engaging in violent conduct and committing an unhygienic act. He was found guilty...

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