MATTER OF NIEVES v. VENETTOZZI

514680.

102 A.D.3d 1027 (2013)

957 N.Y.S.2d 910

2013 NY Slip Op 249

In the Matter of JEFFREY NIEVES, 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 January 17, 2013.


Petitioner commenced this CPLR article 78 proceeding to review a determination finding him guilty of having violated certain prison disciplinary rules. The detailed misbehavior report and the testimony of the correction officer who authored it provide substantial evidence to support that part of the determination finding petitioner guilty of being out of place (see Matter of Povoski v Fischer, 93 A.D.3d 963, 964 [2012], appeal...

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