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IN THE MATTER OF WITHROW v. SUPERINTENDENT OF GOUVERNEUR CORRECTIONAL FACILITY

16 A.D.3d 742 (2005)

790 N.Y.S.2d 326

In the Matter of JABBAR WITHROW, Petitioner, v. SUPERINTENDENT OF GOUVERNEUR CORRECTIONAL FACILITY, Respondent.

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

March 3, 2005.

When petitioner failed to receive a commissary buy sheet on September 2, 2003, he requested that a correction officer look into the matter on his behalf. The officer did so but informed petitioner that the matter could not be resolved until the following day. Petitioner later approached the prison Imam and asked that he look into the matter because the officer he initially approached purportedly would not assist him. When the officer discovered this, he charged petitioner...

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