MATTER OF FORT v. FISCHER


52 A.D.3d 1148 (2008)

862 N.Y.S.2d 386

In the Matter of FELTON R. FORT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 26, 2008.


Correction officers advised petitioner that he had to move to the top bunk of his prison cell. Claiming that a medical condition prevented him from doing so, petitioner refused. After it was determined that petitioner had no such medical condition that would preclude him from moving, he was charged in a misbehavior report with disobeying a direct order, lying and violating facility movement regulations. A tier III disciplinary hearing ensued, at the conclusion of which petitioner...

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