MATTER OF ARRINGTON v. D. VENETTOZZI

511482.

87 A.D.3d 1215 (2011)

929 N.Y.S.2d 784

2011 NY Slip Op 6517

In the Matter of JERMEL ARRINGTON, Petitioner, v. D. VENETTOZZI, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 22, 2011.


After a search of petitioner's cell revealed letters that included gang references, he was served with a misbehavior report charging him with possession of gang materials. Petitioner was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed on administrative appeal with a reduction in the penalty assessed. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The seized letters, along with the misbehavior...

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