MATTER OF SINGLETON v. FISCHER

516744

115 A.D.3d 1101 (2014)

981 N.Y.S.2d 885

2014 NY Slip Op 1794

In the Matter of REGINALD SINGLETON, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 20, 2014.


A correction officer observed petitioner involved in a physical altercation with another inmate. The officer ordered the inmates to stop fighting, but his orders were ignored. The officer then observed petitioner with a weapon in his hand stabbing the other inmate and directed petitioner to drop the weapon, but he did not comply. After another officer responded to the area to provide assistance, petitioner was restrained and the weapon was recovered. Petitioner was thereafter...

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