MATTER OF CUNNINGHAM v. LeFEVRE


130 A.D.2d 809 (1987)

In the Matter of John Cunningham, Respondent, v. Eugene S. Lefevre, as Superintendent of Clinton Correctional Facility, et al., Appellants

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

May 7, 1987


Harvey, J.

On July 22, 1985, a large-scale fight occurred at Elmira Correctional Facility where petitioner was incarcerated. Petitioner was allegedly involved in this incident and was charged with, inter alia, fighting and assaulting another inmate. Later that same day, petitioner allegedly refused to remove a towel when ordered to do so by a correction officer. This gave rise to a second charge for refusing to obey a direct order. Petitioner requested...

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