Berry v. Portuondo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
After hearing a disturbance outside the prison mosque, the. prison imam observed petitioner and another inmate engaged in a physical confrontation, with the latter bleeding from his head and upper body. The imam and another inmate attempted to separate the two when a correction officer arrived and directed them to stop…
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