MATTER OF STALLONE v. FISCHER

515977.

109 A.D.3d 1065 (2013)

971 N.Y.S.2d 378

2013 NY Slip Op 6050

In the MATTER OF JEROME STALLONE, 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, in his capacity as an inmate porter, was instructed to buff the floors and refused several times to do so, resulting in a misbehavior report charging him with refusing a direct order. Thereafter, while he was confined to his cube, petitioner was found using the telephone without permission, and he received a second misbehavior report charging him with being out of place and failing to comply with a hearing disposition. Two separate tier II disciplinary hearings...

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