MATTER OF WILLIAMS v. FISCHER

512348.

92 A.D.3d 1053 (2012)

937 N.Y.S.2d 900

2012 NY Slip Op 878

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

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

Decided February 9, 2012.


A correction officer supervising the clean up in the mess hall noticed that petitioner and a number of other inmates had failed to complete their work assignments. When the officer instructed petitioner to wash the table arms in the dining area, he refused. He then proceeded to encourage the inmates around him to refuse to do their work as well. As a result, petitioner was charged in a misbehavior report with refusing a direct...

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