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MATTER OF MARQUEZ v. MANN

192 A.D.2d 100 (1993)

In the Matter of Eduardo Marquez, Petitioner, v. Louis Mann, as Superintendent of Shawangunk Correctional Facility, et al., Respondents

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

July 8, 1993

Attorney(s) appearing for the Case

Geri Pomerantz, Stephen Latimer and Deborah Schneer, Poughkeepsie, for petitioner.

Robert Abrams, Attorney-General, Albany (Martin A. Hotvet and Peter G. Crary of counsel), for respondents.

MIKOLL, J. P., YESAWICH JR., CREW III and CASEY, JJ., concur.

LEVINE, J.

Following a physical altercation among correction officers (hereinafter COs), petitioner and Ramon Diaz, another inmate, correctional authorities at Shawangunk Correctional Facility in Ulster County ordered the transfer of petitioner and Diaz to the special housing unit (hereinafter the SHU) of the facility. When COs entered Diaz's cell ostensibly to escort him to the SHU, they proceeded to administer...

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