MATTER OF BERMUDEZ v. FISCHER

515335.

107 A.D.3d 1269 (2013)

967 N.Y.S.2d 249

2013 NY Slip Op 4661

In the Matter of JOSE BERMUDEZ, 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.


When a nurse administered medication to petitioner through the hatch in his cell, petitioner switched the cup containing the medication with another medication cup that he had in his cell. The nurse asked him what happened to the medication that she had given him and he replied "you're crazy." Consequently, he was charged in a misbehavior report with possessing unauthorized medication and interfering with an employee. He was found guilty of the charges at the conclusion of...

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