Barton v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
When a correction officer noticed an inmate with a four-inch *1030laceration to his face staring in the direction of petitioner, he ordered petitioner, who was walking away toward the dining facility, to stop. However, petitioner continued to walk, at which point the injured inmate picked up a clothes iron and hurled it at…
2Cases cited7 opinions
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- Smiton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Stallone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by15 opinions
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