MATTER OF DENKER v. FISCHER

514090.

107 A.D.3d 1178 (2013)

966 N.Y.S.2d 613

2013 NY Slip Op 4381

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

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

Decided June 13, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with failing to comply with a direct order, assaulting a staff member, interference, being out of place, violating count procedures and violent conduct in connection with an incident wherein he disregarded an order to remain in the dorm and instead proceeded to the bathroom. A correction officer followed petitioner into the bathroom and again ordered him back to the dorm. As petitioner and the officer began...

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