MATTER OF CRENSHAW v. FISCHER

511940.

89 A.D.3d 1343 (2011)

932 N.Y.S.2d 912

2011 NY Slip Op 8526

In the Matter of PHILLIP CRENSHAW, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 23, 2011.


Petitioner, a prison inmate, was observed by a correction officer engaging in a fight with another inmate in the prison yard and ignored direct orders to stop fighting until a warning shot was fired by another officer in a watch tower. As a result, petitioner was charged in a misbehavior report with violent conduct, fighting, creating a disturbance and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of those charges and that...

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