MATTER OF BARZEE v. VENETTOZZI

527400.

173 A.D.3d 1580 (2019)

102 N.Y.S.3d 808

2019 NY Slip Op 05244

In the Matter of Saio Barzee, 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 27, 2019.


Petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, refusing a direct order and creating a disturbance. According to the report, while near the mess hall in the presence of approximately 200 inmates, petitioner and several other inmates were observed fighting with one another and exchanging closed-fist punches. Several orders were given to petitioner and the other inmates to stop fighting before use of force was applied to stop the fight...

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