MATTER OF DUCHNOWSKI v. ANNUCCI

526994.

169 A.D.3d 1137 (2019)

94 N.Y.S.3d 389

2019 NY Slip Op 00942

In the Matter of Leo Duchnowski, 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 February 7, 2019.


A correction officer smelled something burning coming from the room in the infirmary where petitioner was housed. The officer entered the room and observed petitioner exiting the bathroom with smoke billowing out from behind the door. The officer then entered the bathroom and found two twisted pieces of toilet paper, one smoldering inside a paper towel dispenser and the other wrapped around a piece of wire that appeared to have been inserted into the wall outlets to start...

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