MATTER OF BALLARD v. ANNUCCI

524750.

156 A.D.3d 1013 (2017)

66 N.Y.S.3d 84

2017 NY Slip Op 08581

In the Matter of DARNELL BALLARD, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided December 7, 2017.


A correction officer observed petitioner, a prison inmate, using a facility telephone. Because the officer was aware that petitioner was serving a disciplinary hearing penalty imposing a loss of telephone privileges, he charged petitioner in a misbehavior report with being out of place and failing to comply with a hearing disposition. Thereafter, while he was directed either to remain in his cube or to proceed only to the cafeteria...

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