MATTER OF PARKER v. FISCHER

514975.

106 A.D.3d 1305 (2013)

964 N.Y.S.2d 780

2013 NY Slip Op 3531

In the Matter of MARQUIS L. PARKER, Petitioner, v. BRIAN FISCHER, Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided May 16, 2013.


A physical altercation ensued among a large group of inmates in the yard and orders to cease such activity and to lay down on the ground were broadcast over the public address system. Petitioner was observed to be among the inmates in the yard and allegedly failed to comply with these orders until shots were fired from the towers. He was subsequently charged in a misbehavior report with fighting, engaging in violent conduct, engaging in gang activity, creating a disturbance...

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