MATTER OF CANZATER-SMITH v. VENETTOZZI

523648.

150 A.D.3d 1518 (2017)

54 N.Y.S.3d 223

2017 NY Slip Op 04017

In the Matter of JEFFREY CANZATER-SMITH, 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.


After refusing a direct order to remove articles of clothing from his locker, petitioner became belligerent and shouted obscenities to express his displeasure with the facility and all of the people who were in his presence at that time. Upon being ordered to walk into a separate room away from the other inmates who were watching the incident, petitioner walked into that room at which time he swung his right elbow backwards, striking a correction officer in the face. As a...

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