MATTER OF ABREU v. FISCHER

509954.

83 A.D.3d 1348 (2011)

920 N.Y.S.2d 924

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

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

Decided April 28, 2011.


Petitioner, a prison inmate, was observed by a correction officer lying on his bed naked, masturbating with the lights on and was given a direct order to stop. Shortly thereafter, the officer again passed petitioner's cell on her rounds and he was standing at his gate masturbating. As a result, petitioner was charged in a misbehavior report with lewd conduct and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges...

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