MATTER OF SANTIAGO v. VENETTOZZI

523028.

149 A.D.3d 1429 (2017)

2017 NY Slip Op 03231

50 N.Y.S.3d 891

In the Matter of JOHN JAY SANTIAGO, 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 27, 2017.


A cell frisk of petitioner's prison cell revealed a hidden weapon in the form of a 5¼-inch-long eyeglass arm with a sharpened metal point at the end. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument, possessing an altered item and altering state property. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon or dangerous instrument and possessing an altered item, and the...

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