MATTER OF HYATT v. FISCHER

514521.

107 A.D.3d 1181 (2013)

966 N.Y.S.2d 697

2013 NY Slip Op 4384

In the Matter of SHANE HYATT, 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.


Following a tier III disciplinary hearing, petitioner was found guilty of violating various prison disciplinary rules as charged in two misbehavior reports. As is relevant here, the first misbehavior report charged petitioner with threatening to stab a correction officer in the face. The second misbehavior report stemmed from petitioner blocking the view into his cell with a towel and refusing to exit the cell to permit a search, and charged him with obstructing the view...

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