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MATTER OF MYERS v. VENETTOZZI

524064.

155 A.D.3d 1143 (2017)

62 N.Y.S.3d 830

2017 NY Slip Op 07655

In the Matter of KENNETH MYERS, 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 November 2, 2017.

Petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item after a search of his cell uncovered a hidden weapon in the form of a 5½-inch-long black pen with a sharp metal point at the end. Following a tier III disciplinary hearing, petitioner was found guilty of both charges, and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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