IN THE MATTER OF SCOTT v. NEW YORK STATE DEPARTMENT OF CORRECTIONS


18 A.D.3d 925 (2005)

793 N.Y.S.2d 921

In the Matter of MICHAEL SCOTT, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, Respondent.

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

May 5, 2005.


Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit fighting and assaulting another inmate. The charges stem from an altercation between petitioner and his cellmate assistant wherein petitioner used the footrest of his wheelchair to hit his cellmate on the wrist. On administrative appeal the determination was modified to the extent of dismissing the charge of fighting. Petitioner commenced this CPLR...

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