MATTER OF TUITT v. MARTUSCELLO

515191.

106 A.D.3d 1355 (2013)

965 N.Y.S.2d 669

2013 NY Slip Op 3732

In the Matter of BRIAN TUITT, Petitioner, v. DANIEL MARTUSCELLO, Respondent.

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

Decided May 23, 2013.


After a correction officer observed that petitioner had his cell window completely covered by a towel, which obstructed the officer's view inside the cell, he instructed petitioner to remove it. Petitioner advised the officer that he was using the toilet. The officer directed petitioner to take the towel down when he was finished and not to cover the window again regardless of what he was doing. Petitioner became agitated and engaged in a verbal exchange with the officer...

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