MATTER OF HOWARD v. FISCHER

517101.

117 A.D.3d 1253 (2014)

984 N.Y.S.2d 892

2014 NY Slip Op 3564

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

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

Decided May 15, 2014.


During a religious event attended by a number of inmates and their families at the correctional facility where petitioner was incarcerated, petitioner gave a speech in which he made statements about the facility staff and the alleged discriminatory manner in which the staff treated certain inmates. As a result, petitioner was charged in a misbehavior report with engaging in action detrimental to the order of the facility. Following a tier III disciplinary hearing, petitioner...

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