MATTER OF McGOWAN v. FISCHER

510521.

88 A.D.3d 1038 (2011)

930 N.Y.S.2d 313

2011 NY Slip Op 6961

In the Matter of JOSEPH McGOWAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided October 6, 2011.


Egan Jr., J.

A correction officer noticed that petitioner was acting in a suspicious manner and directed him to come to the front of the company. Petitioner refused and ran back to his cell followed by two correction officers. When the officers reached petitioner's cell, one of them noticed that the toilet had just been flushed, and he ordered petitioner out of the cell. After petitioner exited the cell, the officer found a plexiglas weapon on petitioner's bed and...

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