MATTER OF ROSALES v. BEZIO

511349.

85 A.D.3d 1476 (2011)

926 N.Y.S.2d 203

2011 NY Slip Op 5394

In the Matter of Luis ROSALES, Appellant, 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 23, 2011.


A correction officer observed petitioner, a prison inmate, in the yard exchanging punches with another inmate. Both inmates ignored a direct order to stop, after which petitioner was observed slashing the other inmate in the face with a razor blade. Thereafter, petitioner was charged in a misbehavior report with assault, fighting, violent conduct, creating a disturbance, refusing a direct order and possessing a weapon. He was found guilty of those charges following a tier...

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