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MATTER OF McCLAIN v. VENETTOZZI

522879.

146 A.D.3d 1264 (2017)

2017 NY Slip Op 00527

45 N.Y.S.3d 702

In the Matter of JHAFFRE McCLAIN, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 26, 2017.

Petitioner was charged in a misbehavior report with fighting, violent conduct, refusing a direct order and creating a disturbance. According to the report, petitioner was among a group of six inmates who engaged in a fight in the exercise yard. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. This determination was affirmed on administrative appeal, and this CPLR article 78 proceeding ensued...

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