MATTER OF RAQIYB v. FISCHER


50 A.D.3d 1287 (2008)

854 N.Y.S.2d 677

In the Matter of HASAN RAQIYB, 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 April 11, 2008.


A correction officer observed petitioner and another inmate squaring off in fighting stances. As a result, the officer ordered petitioner and the other inmate to lock in their respective cells. Refusing to do so, petitioner and the other inmate were eventually separated from each other before a physical altercation occurred. Based upon the foregoing, petitioner was charged in a misbehavior report with disobeying a direct order and creating a disturbance. A tier II disciplinary...

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