MATTER OF BRISMAN v. FISCHER

512464.

92 A.D.3d 1060 (2012)

938 N.Y.S.2d 370

2012 NY Slip Op 884

In the Matter of JASON BRISMAN, 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.


Following a disturbance on the gallery where a number of inmates were present, a correction officer observed one inmate covered in blood with slash-type wounds to his head and face. During the ensuing investigation, a confidential informant disclosed that the inmate had been involved in a fight with petitioner and it appeared that petitioner had cut him with a weapon. When petitioner was located, he had an injury to his thumb as well as blood on his clothes, and bloody rags...

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