MATTER OF RODRIGUEZ v. SUPERINTENDENT OF ULSTER CORR. FACILITY

533040.

197 A.D.3d 1494 (2021)

153 N.Y.S.3d 703

2021 NY Slip Op 05156

In the Matter of Michael Rodriguez, Petitioner, v. Superintendent of Ulster Correctional Facility, Respondent.

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

Decided September 30, 2021.


Attorney(s) appearing for the Case

Michael Rodriguez, Malone, petitioner pro se.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan of counsel), for respondent.

Egan, Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


A correction officer observed petitioner stumbling to his cell with his eyes rolled back, and petitioner appeared confused, mumbled incoherently and did not respond to the correction officer's inquiry. Petitioner was then brought to the infirmary, where a registered nurse examined him and observed that petitioner had dilated pupils, a high unlabored pulse and heart rate, and slow, mumbled speech. Based upon the nurse's observations and experience, she concluded that petitioner...

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