MATTER OF GASTON v. ANNUCCI

523574.

148 A.D.3d 1447 (2017)

2017 NY Slip Op 02117

49 N.Y.S.3d 585

In the Matter of RAYMOND GASTON, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided March 23, 2017.


Petitioner, an inmate, was called to the medical unit and ordered to surrender his knee brace for inspection. He declined, stating that he needed it to do physical therapy exercises and would bring it the following day. That same day, petitioner was directed to walk through a metal detector and also to submit to a pat frisk. He initially refused and used profane language when asked to put his hands on the wall for the pat frisk, but he eventually complied with both directives...

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