MATTER OF ARCHIE v. FISCHER

517304.

119 A.D.3d 1299 (2014)

2014 NY Slip Op 05581

In the Matter of THOMAS ARCHIE, 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 31, 2014.


Petitioner suffers from a mental health disorder for which he has received treatment while in prison. During a therapy session with mental health staff, petitioner stated that he thought about choking an Office of Mental Health psychiatrist and wanted to wrap a wire around the neck of a physician who had treated him. As a result, he was charged in a misbehavior report with making threats and engaging in conduct involving the threat of violence. Following a tier III disciplinary...

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