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MATTER OF HYATT v. FISCHER

516073.

116 A.D.3d 1263 (2014)

983 N.Y.S.2d 741

2014 NY Slip Op 2640

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

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

Decided April 17, 2014.

While a correction officer was handing out food trays to inmates, petitioner allegedly threatened to throw feces at the officer when he returned to collect the trays. The officer ordered petitioner to pack his property because he was moving and petitioner refused. Petitioner continued to resist the officer's orders and the extraction team was called, at which point petitioner was moved to another cell without further incident...

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