MATTER OF COLE v. FISCHER

512969.

94 A.D.3d 1318 (2012)

942 N.Y.S.2d 389

2012 NY Slip Op 2931

In the Matter of RONNIE COLE, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided April 19, 2012.


After a correction officer delivered a food tray to petitioner's cell and placed it on a table, petitioner threw the tray in the direction of the officer and a sergeant. As a result of this incident, petitioner was charged in a misbehavior report with engaging in violent conduct, interfering with an employee, committing an unhygienic act and wasting state property. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination...

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