MATTER OF BALKUM v. ANNUCCI

522808.

148 A.D.3d 1322 (2017)

2017 NY Slip Op 01741

48 N.Y.S.3d 556

In the Matter of WALTER BALKUM, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 9, 2017.


A correction officer witnessed two inmates engaged in a fight in the mess hall. When the officer attempted to intervene, petitioner allegedly stood up from his seat and aggressively tried to block the officer from responding. Petitioner purportedly refused the officer's orders to sit down, at which point the officer pushed him out of the way. As a result of this incident, in 2015, petitioner was charged in a misbehavior report with engaging in violent conduct, refusing a...

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