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MATTER OF ALBORNOZ-SINISTERRA v. SMITH

513178.

95 A.D.3d 1581 (2012)

944 N.Y.S.2d 803

2012 NY Slip Op 4059

In the Matter of JAIBER ALBORNOZ-SINISTERRA, Petitioner, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided May 24, 2012.

While a female correction officer was conducting a standing count of inmates, she observed petitioner standing naked in his cell facing her. Although he had a sheet covering the cell bars to the height of the feed up tray, his genitals were clearly visible and he did not attempt to cover them. When the officer instructed petitioner to put on shorts, he argued with her. As a result of this incident, petitioner was charged in a misbehavior...

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