MATTER OF LASHWAY v. FISCHER

512141.

91 A.D.3d 1239 (2012)

936 N.Y.S.2d 787

2012 NY Slip Op 444

In the Matter of STEVEN LASHWAY, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 26, 2012.


Petitioner, a prison inmate, was being escorted back to his cell after a medical call out when he abruptly turned and attempted to strike a correction officer and, while subsequently being restrained, ignored several direct orders to stop resisting. As a result, petitioner was charged in a misbehavior report with attempted assault on staff, violent conduct, interference, movement violation and refusing a direct order. Following a tier III disciplinary hearing, he was found...

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