MATTER OF FERNANDEZ v. VENETTOZZI

526253.

164 A.D.3d 1557 (2018)

81 N.Y.S.3d 772

2018 NY Slip Op 06167

In the Matter of Pablo Fernandez, 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 September 20, 2018.


Petitioner was charged in a misbehavior report with fighting and failing to report an injury after he was observed with blood on his nose. Later that day, he was charged in a second misbehavior report with losing state property after his cell was packed up and his state-issued razor was missing. A tier III disciplinary hearing was conducted on the charges contained in both reports. Following the hearing, petitioner was found guilty of losing state property, but not guilty...

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