MATTER OF HAWKINS v. FISCHER

507933.

72 A.D.3d 1378 (2010)

898 N.Y.S.2d 532

In the Matter of CHRIS M. HAWKINS, 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.


Following an incident during which petitioner, a prison inmate, attempted to strike a correction officer while being escorted to his vocational program, he was served with a misbehavior report charging him with attempting to assault staff, refusing a direct order, interfering with an employee and being out of place. At a tier III disciplinary hearing, petitioner pleaded guilty to being out of place and, at the conclusion of the...

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