MATTER OF PHELPS v. FISCHER

515901.

108 A.D.3d 1003 (2013)

969 N.Y.S.2d 262

2013 NY Slip Op 5494

In the Matter of DARRYL PHELPS, 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 was charged in a misbehavior report with fighting, engaging in violent conduct, refusing to obey a direct order, destroying state property and possessing a weapon after a correction officer observed him chasing another inmate while carrying a broken squeegee handle. Following a tier III disciplinary hearing, he was found not guilty of refusing a direct order and destroying state property, but was found guilty of the remaining charges. On administrative appeal,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases