IN THE MATTER OF BERRY v. PORTUONDO


6 A.D.3d 848 (2004)

775 N.Y.S.2d 110

In the Matter of KAHILL BERRY, Petitioner, v. LEONARD PORTUONDO, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

April 8, 2004.


Carpinello, J.

After hearing a disturbance outside the prison mosque, the prison imam observed petitioner and another inmate engaged in a physical confrontation, with the latter bleeding from his head and upper body. The imam and another inmate attempted to separate the two when a correction officer arrived and directed them to stop fighting. When order was restored, the area surrounding the incident was searched and a blood-covered metal shank was recovered. During...

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