MATTER OF SORRENTINO v. FISCHER

514503.

101 A.D.3d 1210 (2012)

955 N.Y.S.2d 290

2012 NY Slip Op 8388

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

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

December 6, 2012.


While observing inmates in the north recreation yard, a correction officer noticed that petitioner was acting suspiciously and attempting to leave. After ordering petitioner to stop, the officer performed a court check and determined that petitioner was not supposed to be in that specific area. Petitioner protested, became verbally abusive and yelled profanities at the officer when directed to leave the area. As a result, he was charged in a misbehavior report with making...

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