MATTER OF GASTON v. FISCHER

515900.

109 A.D.3d 1063 (2013)

971 N.Y.S.2d 376

2013 NY Slip Op 6048

In the MATTER OF FLOYD GASTON, 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 26, 2013.


Petitioner was issued two misbehavior reports charging him with several violations of prison disciplinary rules on July 29, 2011. The first report describes how petitioner became belligerent when a correction officer did not immediately open a door to allow petitioner to retrieve his medication. The report alleges that petitioner began swearing at the officer and repeatedly punched him in the face. Despite being ordered to stop and remain in place, petitioner returned to...

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