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MATTER OF DeJESUS v. VENETTOZZI

522255.

145 A.D.3d 1275 (2016)

2016 NY Slip Op 08404

43 N.Y.S.3d 593

In the Matter of ROBERTO DEJESUS, 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 December 15, 2016.

Petitioner was charged in a misbehavior report with assault on an inmate, possessing a weapon, creating a disturbance and fighting. As he was being escorted to the special housing unit following the issuance of the misbehavior report, he threatened the escorting correction officers, resulting in him being charged in a second misbehavior report with making threats. At a combined tier III disciplinary hearing on both reports, petitioner...

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