MATTER OF GARDINE v. FISCHER

509294.

87 A.D.3d 1187 (2011)

929 N.Y.S.2d 643

2011 NY Slip Op 6435

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

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

Decided September 15, 2011.


Petitioner was ordered to provide a urine specimen and, after he handed the specimen to a correction officer, he became agitated, knocked the specimen from the officer's hands and struck the officer in the head. Petitioner was placed in mechanical restraints and escorted to the special housing unit at which point the officer who received the specimen gathered the remainder of it and secured it in the urinalysis refrigerator. As a result of this incident, petitioner was charged...

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