MATTER OF PEREZ v. FISCHER

507423

69 A.D.3d 1279 (2010)

895 N.Y.S.2d 541

2010 NY Slip Op 621

In the Matter of EUGENE PEREZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 28, 2010.


Petitioner was charged in two misbehavior reports with numerous disciplinary rule violations. In the first report, he was charged with refusing a direct order, assaulting staff, engaging in violent conduct and failing to follow frisk procedures after he refused to comply with a correction officer's directives during a pat frisk and proceeded to strike the officer in the face. In the second report, he was charged with possessing contraband and possessing an altered item after...

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