MATTER OF ROHS v. FISCHER

507948.

73 A.D.3d 1256 (2010)

901 N.Y.S.2d 731

In the Matter of ROBERT ROHS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 6, 2010.


Petitioner, a prison inmate who is deaf and blind in one eye, was being escorted into the mess hall when he was given an order by a correction officer to tuck in his shirt. Petitioner argued that the regulations did not require him to do so, but finally complied with the order. Because of the confrontation, however, other inmates were unable to proceed into the mess hall. As a result, petitioner was served with a misbehavior report charging him with creating a disturbance...

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