FERNANDEZ v. FISCHER

514872.

105 A.D.3d 1287 (2013)

963 N.Y.S.2d 608

2013 NY Slip Op 2798

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

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

Decided April 25, 2013.


While petitioner was being examined by a physician's assistant at the correctional facility where he was incarcerated, she observed him staring at her breasts. She twice instructed him to stop engaging in such conduct, but he refused. She then directed him to leave the room and he complied. As a result of this incident, petitioner was charged in a misbehavior report with harassment and refusing a direct order. He was found guilty of the charges at the conclusion of a tier...

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