MATTER OF BLAZIC v. WALSH


300 A.D.2d 708 (2002)

749 N.Y.S.2d 917

In the Matter of RADISLAW BLAZIC, Petitioner, v. JAMES J. WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided December 5, 2002.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and engaging in violent conduct. The Attorney General concedes, and our review of the record confirms, that there is insufficient evidence to support so much of the determination as found petitioner guilty of violent conduct. That part of the determination is, accordingly, annulled and the matter is remitted to the Commissioner of Correctional Services...

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