MATTER OF LASHWAY v. FISCHER

516051.

110 A.D.3d 1420 (2013)

973 N.Y.S.2d 496

2013 NY Slip Op 7109

In the Matter of STEVEN LASHWAY, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided October 31, 2013.


Petitioner, a prison inmate, was on mental health watch when he began punching a wall and spitting on the floor. After a correction officer ordered him to desist, petitioner exposed himself and urinated on the floor, berating the officer and using a racial epithet. As a result, petitioner was charged with lewd conduct, committing an unhygienic act and refusing a direct order and, following a tier III disciplinary hearing, he was found guilty of all charges. Following an unsuccessful...

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