IN THE MATTER OF PEANA v. FISCHER


54 A.D.3d 1126 (2008)

864 N.Y.S.2d 577

In the Matter of JOHN PEANA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

September 18, 2008.


While on the draft bus, petitioner complained to a correction officer that two other inmates had assaulted him and broken his glasses. He then ignored the officer's directive to come to the front of the bus. When the officer approached petitioner, petitioner began yelling and kicked the officer in the leg. As a result, petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order and creating a disturbance. He was found guilty of the charges...

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