MATTER OF MILLER v. VENETTOZZI

523572.

149 A.D.3d 1451 (2017)

2017 NY Slip Op 03251

51 N.Y.S.3d 271

In the Matter of JEREMY MILLER, 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 27, 2017.


Following petitioner's altercation with another inmate, petitioner's cell was searched and a metal can lid folded into a weapon was found behind a light fixture. Petitioner was charged in a misbehavior report with possession of a weapon. Following the reversal of the initial tier III disciplinary hearing, a rehearing was held, at the conclusion of which petitioner was found guilty of the charge. Petitioner's administrative appeal was unsuccessful. This CPLR article 78 proceeding...

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