MATTER OF ENCARNACION v. BELLNIER

511933.

89 A.D.3d 1301 (2011)

934 N.Y.S.2d 511

2011 NY Slip Op 8257

In the Matter of JOSUE ENCARNACION, Petitioner, v. JOSEPH BELLNIER, as Superintendent of Marcy Correctional Facility, Respondent.

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

Decided November 17, 2011.


Petitioner was charged in a misbehavior report with fighting, violent conduct and refusing a direct order after a correction officer witnessed petitioner engaging in a physical altercation with three other inmates, all of whom ignored direct orders to stop fighting. Following a tier II disciplinary proceeding, petitioner was found guilty of the charges, and the determination was affirmed upon administrative appeal. Subsequently, petitioner was charged in a second misbehavior...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases