MATTER OF MERCED v. FISCHER

509956.

79 A.D.3d 1516 (2010)

913 N.Y.S.2d 407

In the Matter of CHRISTOPHER MERCED, 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.


While petitioner and approximately 35 other prison inmates were being escorted down a corridor to the prison yard, a fight broke out between two inmates, and correction officers ordered all of the inmates to face the wall. None of the inmates complied and, instead, formed a wall to prevent the officers from responding to the fight. Petitioner was, thereafter, served with a misbehavior report charging him with refusing a direct order, interfering with an employee, participating...

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