MATTER OF FLORES v. FISCHER

516131

110 A.D.3d 1302 (2013)

973 N.Y.S.2d 485

2013 NY Slip Op 6916

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

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

Decided October 24, 2013.


Petitioner was charged in a misbehavior report with assaulting an inmate, violent conduct, possessing a weapon, being out of place, leaving an assigned area, having an unreported injury and violating lock-in procedures. The report relates that an inmate was observed on G-block with bleeding puncture wounds to his head and body. A responding correction officer observed petitioner performing porter duties on G-block — despite the fact that he was not assigned to porter...

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