MATTER OF WILLIAMS v. FISCHER

514500.

102 A.D.3d 1044 (2013)

958 N.Y.S.2d 238

2013 NY Slip Op 374

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

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

Decided January 24, 2013.


When correction officers approached petitioner's cell to conduct a search, they observed petitioner grab an unknown object and flush it down the toilet. Petitioner was directed to exit his cell, but he refused. Instead, he turned toward the officers with a clenched fist, at which point they used force to avert an assault. As a result, petitioner was charged in a misbehavior report with attempting to assault staff, engaging in violent conduct, refusing a direct order and violating...

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