MATTER OF IRWIN v. FISCHER

508876.

85 A.D.3d 1336 (2011)

925 N.Y.S.2d 256

2011 NY Slip Op 4784

In the Matter of SCOTT IRWIN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 9, 2011.


GARRY, J.

Petitioner was charged in a misbehavior report with assault, violent conduct, refusing a direct order, interference with an employee, possession of a weapon and failing to comply with search procedures. The charges stemmed from an incident where petitioner was spotted by a correction officer taking something out of another inmate's cell. The officer directed petitioner to place his hands against the wall in order...

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