MATTER OF MARTIN v. FISCHER

513500.

98 A.D.3d 774 (2012)

949 N.Y.S.2d 798

2012 NY Slip Op 5868

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

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

Decided August 2, 2012.


Petitioner refused to cooperate with directives given by a correction officer during a random pat frisk and struck the officer in the face. Another officer intervened to offer assistance and petitioner spit in that officer's face. After petitioner was subdued, a third officer arrived to escort petitioner out of the area and petitioner kicked that officer in the leg. Consequently, petitioner was charged in three misbehavior reports with numerous disciplinary rule violations...

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