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MATTER OF HERNANDEZ v. FISCHER

508867.

79 A.D.3d 1544 (2010)

In the Matter of JUAN HERNANDEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 30, 2010.

PETERS, J.

On April 30, 2009, petitioner was being prepared for transport from Eastern Correctional Facility in Ulster County to a medical facility. He was wearing a hard cast on his left forearm and, when a correction officer attempted to apply a boot cuff to it, petitioner complained that such device should not be used, pulled his arm away and refused to comply with the officer's directive to be transported. As a result...

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