MATTER OF LOPEZ v. DEPARTMENT OF CORR. & COMMUNITY SUPERVISION

522460.

142 A.D.3d 1238 (2016)

38 N.Y.S.3d 624

In the Matter of PETER LOPEZ, Petitioner, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided September 22, 2016.


Petitioner, a legally blind inmate, was observed by a correction captain walking down the hallway, accompanied by his inmate mobility escort, with a visor on his head. The captain, who was new to the facility, called out and attempted to get petitioner's attention, but petitioner and his escort proceeded to walk down the hallway without responding. The captain followed petitioner and took him out of a line of inmates for questioning. Petitioner indicated that he had a permit...

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