MATTER OF BENVENUTTI v. FISCHER

506710.

67 A.D.3d 1105 (2009)

889 N.Y.S.2d 277

2009 NY Slip Op 07910

In the Matter of ALBERTO BENVENUTTI, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 5, 2009.


Following an argument, petitioner was involved in a physical altercation with another inmate and struck that inmate with a weight bar. The inmate reported the incident to a correction officer and, when questioned about his whereabouts during the incident, petitioner gave false information. As a result, petitioner was charged in a misbehavior report with assaulting another inmate, possessing a weapon, possessing an altered item and making a false statement. Following a tier...

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