MATTER OF BURR v. FISCHER

514113.

100 A.D.3d 1313 (2012)

954 N.Y.S.2d 285

2012 NY Slip Op 8202

In the Matter of DAVID A. BURR, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

November 29, 2012.


Petitioner was charged in a misbehavior report with assault on a staff member, violent conduct and refusing a direct order. The charges stemmed from an incident wherein petitioner slapped a sergeant during an interview in the sergeant's office regarding a complaint petitioner had filed. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and a penalty of 10 months in the special housing unit was imposed. This determination was upheld on administrative...

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