MATTER OF WEST v. FISCHER

507420.

73 A.D.3d 1301 (2010)

901 N.Y.S.2d 873

In the Matter of HARRY WEST, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 13, 2010.


Petitioner, a prison inmate, allegedly struck a correction officer while leaving his cell and fought against that officer and two others who then attempted to subdue him. A misbehavior report was filed and, after a tier III disciplinary hearing, a Hearing Officer found petitioner guilty of assaulting staff members, engaging in violent conduct and failing to comply with frisk and search procedures. Following an unsuccessful administrative appeal, petitioner commenced this...

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