MATTER OF POLIANDRO v. VENETTOZZI

525590.

160 A.D.3d 1329 (2018)

75 N.Y.S.3d 344

2018 NY Slip Op 02866

In the Matter of Vincent Poliandro, 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.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting the possession of a weapon. The charge was based upon the recovery of a shank-type weapon made from a tailor shop needle melted into the ink tube of a plastic pen, discovered during a frisk of petitioner's cell. Upon administrative appeal, the penalty imposed was reduced, but the determination was otherwise upheld. Thereafter, petitioner...

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