MATTER OF JOSEPH v. FISCHER

506709.

67 A.D.3d 1103 (2009)

889 N.Y.S.2d 275

2009 NY Slip Op 07909

In the Matter of RICARDO JOSEPH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 5, 2009.


As petitioner was exiting his prison cell, he turned violently and struck a correction officer in the face with his clenched fist. Officers immediately subdued petitioner, but he continued to struggle despite their repeated orders to cease. As a result, petitioner received a misbehavior report charging him with assaulting staff, interference, violent conduct and refusing a direct order. Petitioner was found guilty on all counts after a tier III disciplinary hearing, and an...

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