MATTER OF OLUTOSIN v. FISCHER

513912.

98 A.D.3d 1178 (2012)

950 N.Y.S.2d 824

2012 NY Slip Op 6242

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

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

September 20, 2012.


When a correction officer directed petitioner to lock into his new cell, petitioner punched the officer and a physical altercation ensued. The commotion was heard by another officer who tackled petitioner in order to stop the attack. Petitioner attempted to strike this officer, but was subdued. He was subsequently charged in a misbehavior report with assaulting staff, engaging in violent conduct and interfering with an employee. Following a tier III disciplinary hearing,...

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