MATTER OF SHIELDS v. FISCHER

512971.

95 A.D.3d 1574 (2012)

944 N.Y.S.2d 709

2012 NY Slip Op 4050

In the Matter of JOHN SHIELDS, 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 24, 2012.


During a comedic performance that was part of a prison talent show, petitioner used vulgar and profane language and made comments that were disrespectful to staff. As a result, he was charged in a misbehavior report with harassment, interfering with an employee and a creating a disturbance. Petitioner was found guilty of the charges at the conclusion of a tier III disciplinary hearing. On administrative appeal, the charge of interfering with an employee was dismissed, but...

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