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MATTER OF GUNN v. WARD

71 A.D.2d 856 (1979)

In the Matter of Arthur F. Gunn, Respondent, v. Benjamin Ward, as Commissioner of The New York State Department of Correctional Services, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1979

Judgment reversed, on the law, without costs or disbursements, determination confirmed, and proceeding dismissed on the merits.

The petitioner, an inmate of the Fishkill Correctional Facility, was charged with committing a homosexual act with another prisoner in violation of the inmate behavior code. He was assigned an employee of the Department of Correctional Services to assist him pursuant to the rules of the department (7 NYCRR 253.3). Petitioner was determined...

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