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MATTER OF TAYLOR v. LEE

524061.

152 A.D.3d 1125 (2017)

2017 NY Slip Op 05903

59 N.Y.S.3d 835

In the Matter of WINFRED TAYLOR, Petitioner, v. WILLIAM A. LEE, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.

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

Decided July 27, 2017.

While in the facility's crowded mess hall, petitioner raised his right hand in the air with a clenched fist to acknowledge his solidarity with, and support of, two other inmates who were also present in the mess hall. The gesture alarmed prison staff and resulted in the disruption of inmate movement for approximately 15 minutes. As a result of the incident, petitioner was charged in a misbehavior report with demonstrating, creating...

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