MATTER OF WATT v. VENETTOZZI

515218.

107 A.D.3d 1190 (2013)

966 N.Y.S.2d 702

2013 NY Slip Op 4393

In the Matter of MICHAEL WATT, 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 June 13, 2013.


Petitioner was charged in a misbehavior report with attempted assault, violent conduct and refusing a frisk. Following a tier III disciplinary hearing, he was found guilty of violent conduct and refusing a frisk. The penalty was modified upon administrative review, but the determination was otherwise upheld, prompting petitioner to commence this CPLR article 78 proceeding, which was transferred to this Court.

The misbehavior report and related documentation, together...

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