MATTER OF CORNELIUS v. FISCHER

513566.

98 A.D.3d 779 (2012)

949 N.Y.S.2d 804

2012 NY Slip Op 5873

In the Matter of AUSTIN CORNELIUS, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided August 2, 2012.


While a correction officer was attempting to counsel petitioner, he punched the officer in the face and a physical altercation ensued. Petitioner continued to strike the officer as well as other officers who responded to the incident and ignored their directives to cease such conduct. Petitioner was subsequently charged in a misbehavior report with assaulting staff, engaging in violent conduct, creating a disturbance, interfering...

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