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MATTER OF FLEMMING v. FISCHER

508613.

74 A.D.3d 1693 (2010)

906 N.Y.S.2d 114

In the Matter of ROBERT FLEMMING, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 24, 2010.

Petitioner, a prison inmate, was using the telephone when a correction officer gave him a direct order to sign the telephone sheet. Petitioner refused in a profane manner after which a sergeant was notified. The sergeant arrived and directed petitioner to get off the telephone and, after refusing, petitioner swung a closed fist at the sergeant. In the ensuing struggle, three correction officers were injured. Based upon this incident...

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