MATTER OF ESPINAL v. FISCHER

516588

114 A.D.3d 978 (2014)

979 N.Y.S.2d 864

2014 NY Slip Op 705

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

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

Decided February 6, 2014.


During the course of an investigation, correction officials received confidential information indicating that petitioner was a high ranking member of an unauthorized gang. It was further revealed that he and other gang members surrounded another inmate while brandishing weapons and threatened to harm the inmate if he continued to use the unit phones without first obtaining gang permission. In addition, it was disclosed that the gang members planned a future assault upon this...

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