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MATTER OF BROWN v. VENETTOZZI

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162 A.D.3d 1434 (2018)

81 N.Y.S.3d 243

2018 NY Slip Op 04807

In the Matter of Johnny B. Brown, 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 June 28, 2018.

Petitioner was charged in an August 31, 2016 misbehavior report with refusing a direct order and being out of place, after being observed by a correction officer in an unassigned cellblock and refusing an order to return to his cell. Following a tier II disciplinary hearing, he was found guilty as charged and the determination was upheld on administrative review. A second misbehavior report, dated September 1, 2016, charged petitioner with drug use after his urine twice tested...

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