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MATTER OF BROWN v. VENETTOZZI

509823.

79 A.D.3d 1510 (2010)

912 N.Y.S.2d 467

In the Matter of GREGORY BROWN, 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 December 23, 2010.

A search of petitioner's prison cell revealed a shank about 7¾ inches long and shaped like an ice pick with a taped handle hidden in his locker. He was served with a misbehavior report charging him with possession of a weapon and was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.*<...

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