Bistrisky v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Cannizzaro, J.), entered June 22, 2004 in Albany County, which granted defendants’ motion to dismiss the complaint.
Plaintiff is a correction officer employed by defendant Department of Correctional Services (hereinafter DOCS) at a shock incarceration camp where most officers wear “class C” gray uniforms rather than the “class B” blue uniforms generally worn at other types of correctional facilities. The gray uniforms include high cut boots with pants bloused into the boots. After being diagnosed with diabetes, plaintiff requested permission to wear…
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