MATTER OF RIVERA v. VENETTOZZI

521589.

138 A.D.3d 1293 (2016)

31 N.Y.S.3d 225

2016 NY Slip Op 02892

In the Matter of ENRIQUE RIVERA, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided April 14, 2016.


Correction officials obtained a sample of petitioner's urine and it twice tested positive for the presence of K2, also known as synthetic marihuana. As a result, petitioner was charged in a misbehavior report with violating disciplinary rule 113.13, which prohibits inmates from using alcohol or other intoxicants (see 7 NYCRR 270.2 [B] [14] [iii]). He was found guilty of this charge following a tier III disciplinary hearing...

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