MATTER OF WILSON v. VENETTOZZI

524174.

160 A.D.3d 1307 (2018)

73 N.Y.S.3d 913

2018 NY Slip Op 02845

In the Matter of Keith G. Wilson, 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 April 26, 2018.


Petitioner was charged in a misbehavior report with possessing a weapon after an ice pick type weapon was discovered inside his right sock during a random pat frisk. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Initially, we find that the hearing transcript, together with the audiotape of the hearing, are sufficient for meaningful...

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