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MATTER OF ALLEN v. FISCHER

514512.

107 A.D.3d 1248 (2013)

966 N.Y.S.2d 921

2013 NY Slip Op 4637

In the Matter of NORMAN ALLEN, 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 20, 2013.

While a group of inmates were returning from the recreation yard to their cells, a correction officer observed petitioner engaged in a physical altercation with another inmate. The officer gave them several direct orders to stop fighting, which were ignored. Eventually, however, they stopped. Thereafter, petitioner was charged in a misbehavior report with fighting, refusing a direct order, creating a disturbance and engaging in...

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