MATTER OF HOWARD v. FISCHER

514972.

108 A.D.3d 950 (2013)

969 N.Y.S.2d 236

2013 NY Slip Op 5344

In the Matter of ARNOLD HOWARD, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 18, 2013.


While in the family picnic area, a correction officer observed petitioner exit the inmate bathroom and then observed petitioner's wife exit the same bathroom a few minutes later. The officer noticed wet stains on the dress that petitioner's wife was wearing. When the officer questioned petitioner about the incident, he replied, "You got me, I was getting some." As a result of this incident, petitioner was charged in a misbehavior report with engaging in sexual acts and violating...

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