MATTER OF SHEPHERD v. FISCHER

518515

122 A.D.3d 987 (2014)

994 N.Y.S.2d 479

2014 NY Slip Op 07549

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

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

Decided November 6, 2014.


Petitioner refused orders issued on January 10, 2013, January 24, 2013 and January 28, 2013 to prepare for transfer to Five Points Correctional Facility, and had to eventually be extracted from his cell so that the move could be effectuated. He was accordingly charged with refusing a direct order and a movement regulation violation in three misbehavior reports, one for each of the incidents. Petitioner was found guilty as charged following a tier II disciplinary hearing on...

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