MATTER OF SIMPSON v. VENETTOZZI

523746.

152 A.D.3d 1105 (2017)

2017 NY Slip Op 05894

59 N.Y.S.3d 831

In the Matter of THEODORE SIMPSON, 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 July 27, 2017.


A correction officer unlocked petitioner's cell to release him to the recreation yard in accordance with a go around sheet scheduling him for morning recreation. Petitioner purportedly walked out of his cell and told the officer that he was not reporting to recreation. Petitioner then allegedly refused the officer's order to lock into his cell. He eventually complied, but was later charged in a misbehavior report with multiple disciplinary rule violations. Following a tier...

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