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MATTER OF OWENS v. FISCHER

75 A.D.3d 1020 (2010)

907 N.Y.S.2d 334

In the Matter of DAVID OWENS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 29, 2010.

Following an incident during which petitioner, a prison inmate, turned abruptly towards correction officers while being frisked, he was served with a misbehavior report charging him with refusing to obey a direct order, attempted assault on staff and a movement regulation violation. Following a tier III disciplinary hearing, petitioner was found guilty of the first two charges and not guilty of the movement violation. His administrative...

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