MATTER OF JAMES v. FISCHER

506673.

67 A.D.3d 1163 (2009)

887 N.Y.S.2d 878

2009 NY Slip Op 08115

In the Matter of PERCELL JAMES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.


Petitioner was observed engaging in a fight with fellow inmates in the recreation yard. When ordered to desist by correction officers, the inmates failed to comply and the officers had to give several more orders to stop before the fight ended. Following a tier III disciplinary proceeding, petitioner was found guilty of engaging in violent conduct, creating a disturbance, assaulting an inmate and refusing a direct order. After exhausting his administrative remedies, petitioner...

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