MATTER OF FERGUSON v. FISCHER

515360.

107 A.D.3d 1272 (2013)

967 N.Y.S.2d 253

2013 NY Slip Op 4663

In the Matter of COLIN FERGUSON, 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, a prison inmate, was charged in a misbehavior report with refusing a direct order, violent conduct, failing to comply with frisk and search procedures, possessing a weapon and assault on staff. The report relates that petitioner ignored several directives to come out of his cell during a cell frisk and that a cell extraction team had to be summoned. When the officers attempted to get him to comply with the search procedures, petitioner reached through the cell...

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