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MATTER OF BARTON v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

510336.

81 A.D.3d 1029 (2011)

917 N.Y.S.2d 345

In the Matter of CASPER BARTON, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided February 3, 2011.

When a correction officer noticed an inmate with a four-inch laceration to his face staring in the direction of petitioner, he ordered petitioner, who was walking away toward the dining facility, to stop. However, petitioner continued to walk, at which point the injured inmate picked up a clothes iron and hurled it at petitioner, striking him in the back. Petitioner was apprehended and an examination revealed a cut on his right...

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