MATTER OF KALWASINSKI v. FISCHER

509294, 510794.

87 A.D.3d 1187 (2011)

929 N.Y.S.2d 511

2011 NY Slip Op 6436

In the Matter of MITCHELL KALWASINSKI, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent. (And Another Related Proceeding.).

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

Decided September 15, 2011.


While correction officers were closing petitioner's cell door, he turned and spit, hitting an officer in the left side of his face, and he warned that every time the officer opened the gate, he would "get it." As a result, petitioner was served with a misbehavior report charging him with making threats and committing an unhygienic act. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was administratively affirmed, following...

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