MATTER OF KALWASINSKI v. VENETTOZZI

522931.

149 A.D.3d 1372 (2017)

2017 NY Slip Op 03092

51 N.Y.S.3d 268

In the Matter of MITCHELL KALWASINSKI, 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 April 20, 2017.


Petitioner allegedly struck a correction officer as the officer was walking by his cell and, shortly thereafter, allegedly struck a second correction officer as he was applying handcuffs to petitioner. As a result, petitioner was charged in two separate misbehavior reports with identical disciplinary rule violations, namely, assaulting staff, engaging in violent conduct and creating a disturbance. Following a combined tier III disciplinary hearing, he was found guilty of...

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