MATTER OF SANDY v. D. VENETTOZZI

521180.

134 A.D.3d 1346 (2015)

20 N.Y.S.3d 923

2015 NY Slip Op 09349

In the Matter of KESTER SANDY, 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 17, 2015.


After a correction officer twice ordered petitioner, who was working in the prison law library, to turn in the typewriter ribbon and wheel he was using so that another inmate could use them, petitioner banged his chair against the table, yelled profanities, slammed the items on the officer's desk breaking them and shouted a further profanity. As a result, petitioner was charged in a misbehavior report with creating a disturbance, violent conduct, refusing a direct order,...

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