MATTER OF PAGAN v. VENETTOZZI

523417.

151 A.D.3d 1508 (2017)

57 N.Y.S.3d 736

2017 NY Slip Op 05288

In the Matter of JOSE PAGAN, 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 29, 2017.


An internal prison investigation revealed that petitioner had entered another inmate's living space and demanded that the inmate perform a sexual act upon him. When the inmate refused to do so, petitioner grabbed and pushed the inmate and threatened that harm would be done to him if the inmate told anyone about the incident, whereupon the inmate began to perform, but did not complete, the sexual act that petitioner had demanded. Thereafter, petitioner was charged in a misbehavior...

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