Legal Opinion

Matter of Ballard v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 2017No. 524750PublishedCited by 7 opinions

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 a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

A correction officer observed petitioner, a prison inmate, using a facility telephone. Because the officer was aware that petitioner was serving a disciplinary hearing penalty imposing a loss of telephone privileges, he charged petitioner in a misbehavior report with being out of place and failing to comply with a hearing disposition. Thereafter, while he was…

2Cases cited13 opinions

  1. Matter of Rafael Cortorreal v. Anthony J. AnnucciNew York Court of Appeals · 2016
  2. McNeil v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Adamson v. BartoAppellate Division of the Supreme Court of the State of New York · 2007
  4. Crenshaw v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Pettus v. WestAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by7 opinions

  1. Matter of Daum v. SippleAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Olukotun-Williams v. GardnerAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Boney v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of McFarlane v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Ortiz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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