MATTER OF CORNWALL v. FISCHER

508215.

78 A.D.3d 1337 (2010)

911 N.Y.S.2d 239

In the Matter of SHAWN CORNWALL, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 10, 2010.


A female correction officer was walking by petitioner's prison cell during morning count and observed him nude and masturbating with his light on. The officer instructed petitioner to put his clothes back on and, after she returned to find he was still nude and masturbating, he was served with a misbehavior report charging him with refusing a direct order and lewd conduct. Petitioner was found guilty after a tier III disciplinary hearing and that determination was affirmed...

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