MATTER OF SWAN v. FISCHER

507744.

73 A.D.3d 1356 (2010)

899 N.Y.S.2d 916

In the Matter of GEORGE W. SWAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 20, 2010.


Angered at a new policy being announced by a counselor to a group of inmates, petitioner engaged in a loud exchange with the counselor and refused to leave when initially ordered to do so. A misbehavior report was issued and, following a disciplinary hearing, petitioner was found guilty of refusing a direct order, interference, harassment, creating a disturbance and engaging in activity detrimental to the order of the facility. The determination was affirmed upon administrative...

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