MATTER OF BROWN v. FISCHER

508086.

72 A.D.3d 1320 (2010)

903 N.Y.S.2d 541

In the Matter of OSMOND K. BROWN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 15, 2010.


After petitioner was found to be in possession of gambling paraphernalia, his cell was searched and more such contraband was found. Petitioner refused to speak with a correction sergeant about the incident and the sergeant directed that he be frisked, placed in mechanical restraints and escorted to the special housing unit. The correction officer who frisked and handcuffed petitioner asked him what had happened, but petitioner refused to explain and began moving around the...

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