MATTER OF TOLIVER v. NEW YORK STATE COMMR. OF CORR. & COMMUNITY SUPERVISION

516756

114 A.D.3d 987 (2014)

979 N.Y.S.2d 866

2014 NY Slip Op 716

In the Matter of MICHEL TOLIVER, Petitioner, v. NEW YORK STATE COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided February 6, 2014.


A correction officer escorted petitioner to the handicap shower area where he was left for 20 minutes to take his shower. When the officer returned to retrieve him, petitioner indicated that he had not taken his shower because the water temperature was not satisfactory. He proceeded to ignore the officer's directives to turn off the water and return to his cell. He eventually complied, but became loud and boisterous while being escorted back to his cell. As a result of this...

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