MATTER OF DEGRAFFENREID v. VENETTOZZI

529381.

178 A.D.3d 1229 (2019)

115 N.Y.S.3d 516

2019 NY Slip Op 08908

In the Matter of Kwamane Degraffenreid, 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 December 12, 2019.


Attorney(s) appearing for the Case

Kwamane Degraffenreid, Dannemora, petitioner pro se.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark and Pritzker, JJ., concur.


Petitioner was charged in a misbehavior report with making threats and extortion after the victim, a fellow inmate, identified petitioner as the person in his dorm unit who had been threatening him over an unpaid debt. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and a penalty was imposed, and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

To begin, respondent acknowledges, and...

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