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MATTER OF MORALES v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

530470.

192 A.D.3d 1292 (2021)

144 N.Y.S.3d 223

2021 NY Slip Op 01459

In the Matter of Samuel Morales, Appellant, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided March 11, 2021.

Attorney(s) appearing for the Case

Lippes Mathias Wexler Friedman LLP, Albany ( Emily G. Hannigan of counsel), for appellant.

Letitia James , Attorney General, Albany ( Joseph M. Spadola of counsel), for respondent.

Egan Jr., J.P., Pritzker and Colangelo, JJ., concur.

Petitioner was employed as a correction sergeant at Ulster Correctional Facility. On November 19, 2017, an inmate housed in that facility refused to cooperate with a pat-frisk search involving another correction officer. Petitioner observed the inmate punch the correction officer and ran to provide assistance. The inmate...

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