MATTER OF WHITE v. FISCHER

518114.

121 A.D.3d 1478 (2014)

994 N.Y.S.2d 467

2014 NY Slip Op 07408

In the Matter of EDWARD WHITE, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided October 30, 2014.


An inmate who was housed in the cell next to petitioner's was stabbed by another inmate and seriously injured. The stabbing occurred on the cellblock near petitioner's cell while petitioner was locked in. Through confidential sources, correction officials learned that, after the stabbing, petitioner displayed an ice-pick type weapon and verbally threatened the victim. As a result, he was charged in a misbehavior report with engaging in violent conduct, making threats and...

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