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MATTER OF THORPE v. FISCHER

506683.

67 A.D.3d 1101 (2009)

889 N.Y.S.2d 690

2009 NY Slip Op 07907

In the Matter of OMAR THORPE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 5, 2009.

Correction officers observed a number of inmates engaged in a violent physical altercation in the recreation yard. When the inmates ignored directives to stop, chemical agents were used to restore order. Petitioner was identified as one of the inmates involved in the incident and, as a result, was charged in a misbehavior report with fighting, engaging in violent conduct, disturbing the order of the facility and refusing a direct...

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