MATTER OF HINTON v. FISCHER

515793.

108 A.D.3d 1000 (2013)

969 N.Y.S.2d 258

2013 NY Slip Op 5492

In the Matter of LEONARD HINTON, 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.


Petitioner, a prison inmate, was charged in a misbehavior report with violent conduct, committing an unhygienic act, harassment, threats and a mess hall violation. According to the report, after a correction officer placed a cup of coffee on petitioner's "feed up hatch," petitioner intentionally used his breakfast tray to push the coffee off the hatch so that it spilled onto the officer and the floor. Following a tier III disciplinary hearing, petitioner was found guilty...

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