Appellate Division of the Supreme Court of the State of New York May 15, 1997 (Stanley v. State)

Peters, J.

Claimant, an inmate at Eastern Correctional Facility in Ulster County, was waiting in line in the main yard with other inmates to use a telephone. Upon noticing that other inmates were not waiting on line but were instead going straight to the front, claimant went inside to the telephone room to notify a correction officer. When no action was taken, claimant returned to his place.