MATTER OF LASHWAY v. KEYSER

528236.

178 A.D.3d 1224 (2019)

115 N.Y.S.3d 166

2019 NY Slip Op 08904

In the Matter of Steven Lashway, Petitioner, v. William Keyser, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Steven Lashway, Marcy, petitioner pro se.

Letitia James , Attorney General, Albany ( Marcus J. Mastracco of counsel), for respondent.

Clark, J.P., Mulvey, Devine and Aarons, JJ., concur.


Petitioner was charged in a misbehavior report with engaging in violent conduct, refusing a direct order and violating facility movement procedures. The charges stemmed from an incident in which petitioner, who was walking with a cane in his right hand, was being escorted to his housing unit and refused a direct order from the escorting correction officer to place his left hand in his pocket. Petitioner then spun quickly toward the officer, causing the officer to use force...

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