Ballou v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, had an item stolen from his “cube” and allegedly enlisted other inmates, affiliated with a gang, to help him recover it. Although the property was returned, petitioner did not inform the gang members before they confronted the alleged thief in the yard, leading to a disturbance and subsequent…
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