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MATTER OF KALWASINSKI v. VENETTOZZI

523566.

151 A.D.3d 1417 (2017)

58 N.Y.S.3d 207

2017 NY Slip Op 05139

In the Matter of MITCHELL KALWASINSKI, 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 June 22, 2017.

Petitioner was charged in a misbehavior report with obstructing visibility into his cell, making threats, harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We agree with petitioner's contention that testimony from a witness was improperly taken...

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