MATTER OF KALWASINSKI v. FISCHER

510822.

87 A.D.3d 1207 (2011)

929 N.Y.S.2d 777

2011 NY Slip Op 6509

In the Matter of MITCHELL KALWASINSKI, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 22, 2011.


Petitioner, a prison inmate, complained to correction officers that the water in his cell was not working properly. When an officer informed him that a work order would be submitted, petitioner began banging on his cell and encouraging other inmates to do the same, while shouting obscenities and threats at the officer. As a result, petitioner was served with a misbehavior report charging him with making threats and disturbing facility order. He was found guilty of those charges...

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