MATTER OF SITAL v. FISCHER

507318.

73 A.D.3d 1348 (2010)

901 N.Y.S.2d 403

In the Matter of FRANS SITAL, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided May 20, 2010.


Petitioner, a prison inmate, became involved in an altercation with correction officers after he failed to clear a facility metal detector. When one of the officers requested that he empty his pocket, petitioner slapped the officer's hand and uttered an expletive. During the ensuing confrontation, petitioner struck the officer multiple times in the face and body before ultimately being subdued. As a result, petitioner was served...

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