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MATTER OF SUNKES v. RUSSO

523845.

153 A.D.3d 994 (2017)

56 N.Y.S.3d 915

2017 NY Slip Op 06021

In the Matter of DANIEL SUNKES, Petitioner, v. A. RUSSO, as Deputy Superintendent of Security, Eastern N.Y. Correctional Facility, Respondent.

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

Decided August 3, 2017.

After correction officials at the correctional facility where petitioner was incarcerated implemented a new bathroom pass policy, approximately 30 inmates ceased working in the mattress shop and stood in line for the inmate bathroom in protest. According to the misbehavior report written by a correction officer doing rounds in the mattress shop, the officer observed petitioner stop working and stand in the aforementioned line....

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