MATTER OF PEREA v. FISCHER

515110.

107 A.D.3d 1253 (2013)

967 N.Y.S.2d 511

2013 NY Slip Op 4642

In the Matter of JAIRO PEREA, 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 20, 2013.


Petitioner was among a group of inmates being escorted to the afternoon meal. As the inmates reached the rotunda, they were given orders to proceed to the laundry gate. When one of the inmates was taken out of line for a random pat frisk, the remaining inmates, including petitioner, collectively refused to proceed further down the corridor despite several directives by correction staff to do so. Consequently, petitioner was charged in a misbehavior report with refusing a...

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