MATTER OF NEW v. VASILE

522140.

141 A.D.3d 1064 (2016)

35 N.Y.S.3d 670

In the Matter of EDWARD L. NEW III, Petitioner, v. LIEUTENANT VASILE, as Hearing Officer, et al., Respondents.

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

Decided July 28, 2016.


Petitioner approached a correction officer, informed the officer that he had information to tell him and then the pair went into a closet. Once inside, petitioner grabbed the officer's genitals and said, "[W]e are alone just me and you." As a result of this incident, petitioner was charged in a misbehavior report with engaging in forcible touching, assaulting staff, making threats and interfering with an employee. Following a...

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