MATTER OF WILLIAMS v. FISCHER

510827.

84 A.D.3d 1661 (2011)

923 N.Y.S.2d 913

In the Matter of DEMETRIUS WILLIAMS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 26, 2011.


Petitioner was charged in a misbehavior report with refusing direct orders, making threats, engaging in violent conduct and harassment after an incident in which he threw his identification card at a correction officer, became verbally abusive, threatened to assault the officer and then refused to return to his cube when ordered to do so. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. After the determination was upheld on administrative...

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