MATTER OF SWINTON v. FISCHER

510497.

82 A.D.3d 1440 (2011)

918 N.Y.S.2d 745

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

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

Decided March 17, 2011.


While female food service workers were making rounds to serve breakfast to inmates in the cellblock, petitioner stood in front of his cell with his gym shorts pulled above his waist and his genitals exposed. As a result, he was charged in a misbehavior report with engaging in lewd conduct and interfering with an employee. Following a tier III disciplinary hearing, he was found guilty of the charges. On administrative appeal, the charge of interfering with an employee was...

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