MATTER OF WHITE v. FISCHER

508085 508296.

73 A.D.3d 1372 (2010)

900 N.Y.S.2d 695

In the Matter of JOHN H. WHITE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent. (And Another Related Proceeding.).

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

Decided May 20, 2010.


Stein, J.

According to a misbehavior report, a correction sergeant ordered petitioner out of line while he was en route to recreation and a correction officer directed that he submit to a pat frisk. Petitioner refused to comply and, when the correction officer attempted to move petitioner into position, petitioner punched the correction officer on the left side of his face. Following a tier III disciplinary hearing stemming from the incident, petitioner was found...

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