MATTER OF TELFORD v. FISCHER

506804.

67 A.D.3d 1109 (2009)

889 N.Y.S.2d 698

2009 NY Slip Op 07913

In the Matter of JAMES C. TELFORD, 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.


After a correction officer turned down the volume of a television that petitioner was watching in the recreation room, petitioner became verbally abusive and engaged in disruptive behavior in the presence of other inmates. As a result, he was charged in a misbehavior report with refusing a direct order, creating a disturbance, engaging in harassment, interfering with an employee and engaging in a demonstration. Following a tier III disciplinary hearing, he was found guilty...

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