MATTER OF OMARO v. FISCHER

517114.

119 A.D.3d 1253 (2014)

989 N.Y.S.2d 695

2014 NY Slip Op 05473

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

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

Decided July 24, 2014.


Petitioner, a prison inmate, was found guilty of making an unauthorized exchange of personal property when an antibullying manual he wrote was found in another inmate's cell. The correction officer who authored the report noted that petitioner had been instructed not to disseminate the manual, but did not discover whether petitioner had actually given the manual to the other inmate. Petitioner testified that he had not done so, and the record reflects that the manual is available...

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