MATTER OF SMALLS v. FISCHER

511298.

89 A.D.3d 1294 (2011)

932 N.Y.S.2d 589

2011 NY Slip Op 8249

In the Matter of BENJAMIN SMALLS, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided November 17, 2011.


After a correction officer witnessed petitioner, a prison inmate, carrying a cup of what appeared to be collard greens back to his cell, the officer inquired whether the contents were on the kosher menu and petitioner replied affirmatively. After discovering that the greens were not on the kosher menu, the officer issued petitioner a misbehavior report charging him with making a false statement and violating mess hall policies. Petitioner was found guilty following a tier...

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