MATTER OF AUSTIN v. VENETTOZZI

513164.

97 A.D.3d 867 (2012)

948 N.Y.S.2d 182

2012 NY Slip Op 5357

In the Matter of DERREL AUSTIN, Petitioner, v. DOMINICK VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

July 5, 2012.


During a search of petitioner's cell, a correction officer found W-2 tax forms in a storage bin in the back of his cell containing the personal information of five individuals. As a result, he was charged in a misbehavior report with possessing an unauthorized item and exchanging an article without authorization. Following a tier III disciplinary hearing, he was found guilty of the former charge, but not of the latter. After the determination was affirmed on administrative...

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