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MATTER OF MEARS v. VENETTOZZI

522878.

150 A.D.3d 1498 (2017)

54 N.Y.S.3d 219

2017 NY Slip Op 04003

In the Matter of STEVEN MEARS, 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 May 18, 2017.

During an investigation of an altercation that took place in a facility bathroom, the sergeant investigating the incident learned from a confidential source, who had witnessed the incident, that petitioner had punched another inmate. Upon being questioned, petitioner informed the sergeant that he had no involvement in the incident. Thereafter, petitioner was charged in a misbehavior report with fighting, violent conduct and providing...

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