MATTER OF BALLESTER-PEREZ v. REARDON

533712.

203 A.D.3d 1372 (2022)

160 N.Y.S.3d 917

2022 NY Slip Op 01502

In the Matter of Gilberto Ballester-Perez, Petitioner, v. Patrick Reardon, as Acting Superintendent of Marcy Correctional Facility, Respondent.

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

Decided March 10, 2022.


Attorney(s) appearing for the Case

Gilberto Ballester-Perez, Marcy, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark, Pritzker and Ceresia, JJ., concur.


Petitioner was charged in a misbehavior report with being under the influence of an intoxicant. According to the misbehavior report, petitioner was found in a bathroom stall incoherent, with slurred speech and unable to walk. He was transported to the medical facility and assessed by the facility nurse, who deemed petitioner to be under the influence of an unknown substance. The misbehavior report also indicates that, when subsequently interviewed about the incident, petitioner...

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