MATTER OF SHANNON v. FISCHER

510739.

84 A.D.3d 1614 (2011)

923 N.Y.S.2d 317

In the Matter of JESSE SHANNON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 19, 2011.


While approximately 27 inmates were exiting the company for their evening meal, a fight broke out between two of them and all of the inmates were given a direct order to return to their cells and lock in. Many of the inmates did not comply and remained out of their cells, contributing to the disturbance. Thereafter, correction officers identified the offenders using the meal list and petitioner was charged in a misbehavior report with several disciplinary infractions. Following...

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