MATTER OF MULLINS v. VENETTOZZI

522109.

141 A.D.3d 1063 (2016)

35 N.Y.S.3d 669

In the Matter of WILL MULLINS, 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 July 28, 2016.


Petitioner, an inmate, was charged in a misbehavior report with fighting, violent conduct, creating a disturbance and refusing a direct order. The charges stemmed from an incident in which petitioner engaged in a physical altercation with another inmate and ignored a correction officer's direct order to stop. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding...

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