MATTER OF JENKINS v. FISCHER

508760.

78 A.D.3d 1385 (2010)

910 N.Y.S.2d 922

In the Matter of JAMES JENKINS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 18, 2010.


Petitioner was charged in two misbehavior reports with a number of prison disciplinary rule violations after he refused a correction officer's directive to turn over a state-issued shirt that had been altered, attempted to strike that officer and, when he was escorted away from the area by another correction officer for a pat frisk, refused that officer's directives and became combative. A tier III disciplinary hearing was conducted on the charges contained in both reports...

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