MATTER OF GENTLE v. BEZIO

509192.

78 A.D.3d 1398 (2010)

910 N.Y.S.2d 924

In the Matter of KEVIN GENTLE, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 18, 2010.


Petitioner, a prison inmate, was informed that he would be leaving the facility where he was incarcerated for a 10-day medical trip and was placed in a holding area while correction officers packed items from his cell. When petitioner came to believe that he was being taken for a court appearance rather than a medical trip, he became irate and objected in a loud and profane manner. Petitioner was given several direct orders to calm down, but he failed to comply. As a result...

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