MATTER OF MORRISON v. FISCHER

516144.

110 A.D.3d 1421 (2013)

973 N.Y.S.2d 884

2013 NY Slip Op 7110

In the Matter of SCOTT MORRISON, 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 31, 2013.


Petitioner created a commotion in his cell by kicking the door and refusing a correction officer's directive to cease such conduct. During the ensuing verbal exchange with the officer, petitioner exhibited a belligerent attitude, using profanity and telling the officer that he was going to do as he pleased. As a result, he was charged in a misbehavior report with numerous disciplinary rule violations. About an hour later when petitioner was brought to an area to be strip...

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