Encarnacion v. Bellnier
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 report with making threats after he allegedly walked by a correction officer and uttered, “I’ll get you.” Petitioner…
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