ROURKE v. CORR. SERVS.


201 A.D.2d 179 (1994)

In the Matter of Raymond T. Rourke, Respondent, v. New York State Department of Correctional Services et al., Appellants

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

July 28, 1994


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Martin A. Hotvet and Peter H. Schiff of counsel), for appellants.

Gary J. Simson and Glenn G. Galbreath, Ithaca, for respondent.

Young, Stockli & Rowe, Albany (John P. Stockli, Jr., of counsel), for New York Civil Liberties Union, amicus curiae.

MIKOLL, J. P., MERCURE, CREW III and PETERS, JJ., concur.


YESAWICH JR., J.

Petitioner, a full-blooded Native American and member of the Mohawk Nation, was employed by respondent Department of Correctional Services (hereinafter the Department) as a correction officer from 1989 until his termination in 1993. In early 1991, petitioner, who was then assigned to Riverview Correctional Facility, became a practitioner of the Longhouse...

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