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MATTER OF GAYLE v. LeFEVRE

137 A.D.2d 907 (1988)

In the Matter of Gregory Gayle, Petitioner, v. E. S. LeFevre, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

February 18, 1988

Casey, J.

On November 24, 1986 petitioner, an inmate at Clinton Correctional Facility, was charged in an inmate misbehavior report filed by Correction Officer Michael Early with insolent behavior and refusal of a direct order. It appears that Early was stationed outside a yard door through which inmate traffic passed and Correction Officer David Jenkins was inside the door. According to Early's report, petitioner attempted to pass through the door without...

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