MATTER OF McCULLOUGH v. FISCHER

506720.

67 A.D.3d 1166 (2009)

887 N.Y.S.2d 880

2009 NY Slip Op 08118

In the Matter of TROY McCULLOUGH, 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.


While being escorted from a disciplinary hearing, petitioner struck a correction officer in the face. The officer attempted to restrain petitioner, but petitioner resisted and disregarded the officer's orders to stop. Petitioner was ultimately subdued and handcuffs were applied. He was later charged in a misbehavior report with assaulting staff, engaging in violent conduct, disturbing the order of the facility and refusing a direct...

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