MATTER OF WEST v. BEZIO


63 A.D.3d 1464 (2009)

In the Matter of PERCY D. WEST, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 25, 2009.


Petitioner became involved in a physical altercation with another inmate in the presence of approximately 17 inmates. After petitioner ignored directives to stop fighting, correction officers used force to control him, at which time he was found to be in possession of a makeshift weapon. As a result of this incident, petitioner was charged in a misbehavior report with refusing a direct order, creating a disturbance, possessing a weapon, assaulting another inmate and fighting...

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