MATTER OF SIMMONS v. VENETTOZZI

524138.

153 A.D.3d 1016 (2017)

56 N.Y.S.3d 908

2017 NY Slip Op 06035

In the Matter of LEON SIMMONS, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 3, 2017.


While responding to a medical emergency, a correction sergeant observed petitioner to be acting in an unusual manner, then become unresponsive and begin vomiting. Petitioner was taken to the facility infirmary and later to the hospital, but no medical reason for his condition was identified. Based upon his observations and experience, the sergeant concluded that petitioner had been under the influence of an intoxicant. As a result, petitioner was charged in a misbehavior...

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