MATTER OF BALLOU v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

510192.

80 A.D.3d 1058 (2011)

915 N.Y.S.2d 410

In the Matter of CHRISTIAN BALLOU, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided January 20, 2011.


Petitioner, a prison inmate, had an item stolen from his "cube" and allegedly enlisted other inmates, affiliated with a gang, to help him recover it. Although the property was returned, petitioner did not inform the gang members before they confronted the alleged thief in the yard, leading to a disturbance and subsequent confrontation with petitioner. As a result, petitioner was issued the first of two misbehavior reports at issue in this proceeding, charging him with fighting...

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