Appellate Division of the Supreme Court of the State of New York October 6, 2011 (McGowan v. Fischer)

Egan Jr., J.

A correction officer noticed that petitioner was acting in a suspicious manner and directed him to come to the front of the company. Petitioner refused and ran back to his cell followed by two correction officers. When the officers reached petitioner’s cell, one of them noticed that the toilet had just been flushed, and he ordered petitioner out of the cell.