MATTER OF WRIGHT v. FISCHER

513091.

98 A.D.3d 759 (2012)

949 N.Y.S.2d 819

2012 NY Slip Op 5852

In the Matter of BORN ALLAH WRIGHT, 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 August 2, 2012.


Following his transfer to a different cell block, petitioner asked a correction officer about the shower schedule. After being informed that he would have to inquire with different staff members, petitioner became agitated and struck the officer in the chest. A physical altercation ensued. Petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and creating a disturbance. He was found guilty of the charges following a tier III disciplinary...

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