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MATTER OF AYALA v. FISCHER

515219.

107 A.D.3d 1191 (2013)

966 N.Y.S.2d 702

2013 NY Slip Op 4394

In the Matter of ANGEL AYALA, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided June 13, 2013.

Petitioner was among a group of inmates who refused to obey orders to lock in after two fellow inmates had been singled out by correction officers and placed against the yard door. A correction officer looked directly at petitioner and gave him several direct orders to lock in to his cell, but he ignored these orders until additional staff arrived. As a result, petitioner was charged in a misbehavior report with refusing a direct...

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