MATTER OF DARVIE v. FISCHER

507711.

72 A.D.3d 1306 (2010)

897 N.Y.S.2d 925

In the Matter of JOSEPH DARVIE, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 15, 2010.


While awaiting entry to the prison clinic, petitioner refused a correction officer's directive to return to a nearby bullpen. He further told the officer that he had to use the bathroom, but left without doing so. As a result, he was charged in a misbehavior report with refusing a direct order, making a false statement and a facility movement violation. Following a tier II disciplinary hearing, he was found guilty of refusing a direct order and making a false statement, and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases