MATTER OF MARTINEZ v. FISCHER

509494.

82 A.D.3d 1380 (2011)

919 N.Y.S.2d 541

In the Matter of DAVID MARTINEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 10, 2011.


Petitioner, a prison inmate, was being escorted to a new cell when, apparently dissatisfied with the fact that he would be double-bunked, he turned and attempted to strike one of the accompanying correction officers. In the fracas that ensued, petitioner bit, kicked and spit blood on various officers and refused to stop struggling despite numerous direct orders to do so. As a result, he was served with a misbehavior report charging him with assaulting staff, interfering with...

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