MATTER OF GOURDINE v. VENETTOZZI

508665

76 A.D.3d 736 (2010)

905 N.Y.S.2d 524

In the Matter of CLARENCE GOURDINE, Petitioner, v. D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided August 5, 2010.


Petitioner, a prison inmate, submitted a loss claim form for a package that he purportedly paid for but had not received. An investigation determined that the package was received by another inmate and that the invoice that petitioner submitted with the claim form had been altered. As a result, petitioner was charged in a misbehavior report with, as relevant here, forgery, making false statements and violating facility package rules. Following a tier III disciplinary hearing...

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