MATTER OF ELLIOTT v. FISCHER

507936.

73 A.D.3d 1366 (2010)

901 N.Y.S.2d 394

In the Matter of WILLIE C. ELLIOTT, 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.


Petitioner became involved in a loud verbal exchange with another inmate during which petitioner told the inmate that he would "bury [him] underneath the fence." As a result, petitioner was charged in a misbehavior report with creating a disturbance and making threats. Thereafter, confidential information was obtained which revealed that petitioner had arranged to have the same inmate assaulted by a third inmate. Petitioner was therefore charged in a second misbehavior report...

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