MATTER OF BERMUDEZ v. FISCHER

514110.

106 A.D.3d 1295 (2013)

964 N.Y.S.2d 774

2013 NY Slip Op 3520

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

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

Decided May 16, 2013.


Petitioner, a prison inmate, became verbally abusive toward a correction officer who directed him to submit his property for an inspection before moving it. When the inspection was conducted, an altered hotpot was found among petitioner's belongings. Thereafter, petitioner was charged in a misbehavior report with creating a disturbance, possession of an altered item, harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty...

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