MATTER OF RODRIGUEZ v. FISCHER

516866

115 A.D.3d 1104 (2014)

981 N.Y.S.2d 888

2014 NY Slip Op 1798

In the Matter of ANTHONY RODRIGUEZ, Petitioner, 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.


While in the vicinity of petitioner's cell, a correction officer heard petitioner shouting obscenities and making loud banging noises. After instructing petitioner to be quiet, the officer heard a loud crash. Shortly thereafter, a different correction officer went to petitioner's cell to investigate and found that a locker and toilet were broken. As a result, two misbehavior reports were prepared — one charging petitioner with creating a disturbance and harassment...

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