MATTER OF IFILL v. FISCHER

507648.

72 A.D.3d 1367 (2010)

901 N.Y.S.2d 723

In the Matter of RICHARD SUNDAY IFILL, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 22, 2010.


Petitioner, who is confined to a wheelchair, refused to comply with a correction officer's directive to put his hands through the hatch in his cell door to allow the officer to remove his handcuffs. After he became belligerent, it was necessary for correction officers to use force to regain control of him. As a result of this incident, petitioner was charged in a misbehavior report with refusing a direct order and interfering with an employee. Following a tier III disciplinary...

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