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MATTER OF BARNES v. FISCHER

512156.

93 A.D.3d 967 (2012)

939 N.Y.S.2d 726

2012 NY Slip Op 1709

In the Matter of JESSIE J. BARNES, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 8, 2012.

After correction officers searched petitioner's cell and allegedly found prohibited items, he covered the window on the door to his cell and caused water to flood from his cell onto the gallery floor. Petitioner was then removed from his cell, whereupon he spit at several correction officers, hitting one in the face. As a result, petitioner was charged with various infractions in three separate misbehavior reports. Following a tier...

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