MATTER OF JONES v. FISCHER

521693.

139 A.D.3d 1219 (2016)

32 N.Y.S.3d 351

2016 NY Slip Op 03789

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

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

Decided May 12, 2016.


While a group of inmates was being escorted to the prison recreation yard, a fight broke out and some of the inmates forced their way through the gate as a correction officer was attempting to secure it. Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, disobeying a direct order and assaulting another inmate. Following a tier III disciplinary hearing, petitioner was found not guilty of assaulting an inmate and guilty...

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