MATTER OF PHILLIPS v. FISCHER

509416.

79 A.D.3d 1492 (2010)

913 N.Y.S.2d 416

In the Matter of JAMES PHILLIPS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided December 23, 2010.


Petitioner, a prison inmate, was served with a misbehavior report charging him with harassment and making threats when, dissatisfied with a delay caused by a correction officer performing another task, he stated that "any f. . .ing idiot could do this job, and Rodriguez should be taken out back and shot." Petitioner was found guilty of both charges following a tier III disciplinary hearing and that determination was upheld on administrative appeal. Petitioner thereafter commenced...

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