MATTER OF POOLER v. FISCHER

515165.

107 A.D.3d 1256 (2013)

969 N.Y.S.2d 564

2013 NY Slip Op 4647

In the Matter of KEITH POOLER, Appellant, 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 had been directed to report to a disciplinary hearing at a specified date and time. He did not report as instructed and the correction officer who was assigned to meet him located him in the yard playing chess. When the officer reminded petitioner that it was time to go to the hearing, petitioner became verbally abusive, used profanity and stated in a loud manner that he did not need an escort, all in the presence of approximately 75 other inmates who had by then...

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