MATTER OF MOYE v. FISCHER

512445.

93 A.D.3d 1006 (2012)

940 N.Y.S.2d 356

2012 NY Slip Op 1847

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

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

Decided March 15, 2012.


While he was being counseled by a correction officer, petitioner struck the officer in the face with a closed fist. The officer forced petitioner to the ground and petitioner continued to struggle, ignoring the officer's directive to cease such conduct. Petitioner finally stopped when he was placed in mechanical restraints. He was thereafter charged in a misbehavior report with assaulting staff, refusing a direct order and engaging in violent conduct. Following a tier III...

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