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MATTER OF CUMMINGS v. FISCHER

516705

120 A.D.3d 1454 (2014)

991 N.Y.S.2d 808

2014 NY Slip Op 06025

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

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

Decided September 4, 2014.

Egan Jr., J.

Petitioner, a prison inmate, received three misbehavior reports on April 25, 2012. The first misbehavior report charged petitioner with refusing a direct order, and the second misbehavior report charged him with making threats, creating a disturbance, refusing a direct order, interfering with an employee, harassment and delaying the count. These charges arose out of an incident in which petitioner refused...

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