MATTER OF SMITH v. FISCHER

509186.

79 A.D.3d 1491 (2010)

915 N.Y.S.2d 184

In the Matter of REMUS SMITH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 23, 2010.


Petitioner and 33 other inmates—all residents of the same cell block—failed to line up in the prison yard after being directed to do so approximately six times over the public address system. Petitioner was then served with a misbehavior report charging him with refusing a direct order, being out of place, refusing staff direction and participating in an organized stoppage. Following a tier III disciplinary hearing, he was found guilty of all charges. When that...

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