MATTER OF NUNEZ v. UNGER

512699.

93 A.D.3d 986 (2012)

939 N.Y.S.2d 734

2012 NY Slip Op 1722

In the Matter of LUIS NUNEZ, Petitioner, v. DAVID M. UNGER, as Superintendent of Wyoming Correctional Facility, Respondent.

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

Decided March 8, 2012.


An inmate was observed cleaning blood from the floor of his cell after sustaining multiple stab wounds. An investigation revealed that he had been involved in a fight with petitioner in the bathroom and that, after the initial confrontation, petitioner stabbed him a number of times with a silver weapon. As a result, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, possessing a weapon, assaulting an inmate and failing to report an...

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