MATTER OF LOGAN v. LILLEY

531902.

190 A.D.3d 1185 (2021)

136 N.Y.S.3d 801

2021 NY Slip Op 00356

In the Matter of Robert Logan, Petitioner, v. Lynn J. Lilley, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Robert Logan, Woodbourne, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Clark, Mulvey, Pritzker and Reynolds Fitzgerald, JJ., concur.


After petitioner was told to leave the computer lab area by a female correction officer, he winked at the officer. Petitioner then winked at the officer again and smiled when he was leaving the area, prompting the officer to inquire as to whether there was something wrong with his eye. Petitioner said no and left the area. A few days later, petitioner approached the officer and stated, "I just wanted you to know that there is nothing wrong with my eye." Petitioner then smiled...

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