MATTER OF McNEIL v. FISCHER

513875.

109 A.D.3d 1025 (2013)

971 N.Y.S.2d 373

2013 NY Slip Op 5934

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

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

Decided September 19, 2013.


A correction officer observed petitioner talking during the master count and issued several orders for him to stop before he actually did so. As a result, petitioner was charged in a misbehavior report with employee interference, refusing a direct order, delaying the count and violating count procedures. Petitioner then became verbally abusive when the officer directed him to return to his cell, and was charged in a second misbehavior report with harassment. Following two...

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