MATTER OF O'SULLIVAN v. FISCHER

509290.

87 A.D.3d 1229 (2011)

930 N.Y.S.2d 296

2011 NY Slip Op 6606

In the Matter of THOMAS O'SULLIVAN, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 29, 2011.


Petitioner, a prison inmate, was served with two misbehavior reports charging him with assault, fighting, creating a disturbance and refusing a direct order. The charges stemmed from an incident in which petitioner fought with another inmate, ignored a correction officer's orders to stop, and bit off a piece of the other inmate's nose. During a tier III disciplinary hearing, petitioner pleaded guilty to fighting and creating a disturbance and he was found guilty of the remaining...

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