MATTER OF WALKER v. FISCHER

515790.

108 A.D.3d 999 (2013)

969 N.Y.S.2d 256

2013 NY Slip Op 5491

In the Matter of JAMES WALKER, 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.


A male correction officer observed petitioner staring at a female correction counselor's behind in a sexual manner. The officer called out to petitioner and, when petitioner did not respond, the officer approached and pointed his hand at petitioner's face to get his attention. Petitioner slapped the officer's hand away. As a result, petitioner was charged in a misbehavior report with creating a disturbance, assaulting staff, interfering with staff and engaging in violent...

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