MATTER OF MERRITT v. FISCHER

515636.

108 A.D.3d 993 (2013)

969 N.Y.S.2d 248

2013 NY Slip Op 5486

In the Matter of CEDRIC MERRITT, 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 25, 2013.


During a medication run, a facility nurse suspected that petitioner did not swallow his medication and was hoarding it instead. When confronted, petitioner became uncooperative and abusive, yelling profanities at the nurse. As a result, he was charged in a misbehavior report with refusing a direct order and creating a disturbance and his cell was searched. During the cell search, 200 stamps and a cigarette containing a green leafy substance, which later tested positive for...

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