Balkum v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

A correction officer witnessed two inmates engaged in a fight in the mess hall. When the officer attempted to intervene, petitioner allegedly stood up from his seat and aggressively tried to block the officer from responding. Petitioner purportedly refused the officer’s orders to sit down, at which point the officer pushed him out of the way. As a result of…