MATTER OF RODARI v. VENETTOZZI

530303.

186 A.D.3d 1860 (2020)

129 N.Y.S.3d 359

2020 NY Slip Op 05111

In the Matter of Sam Rodari, 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 September 24, 2020.


During a suspicion-based search of petitioner's cell, a correction officer discovered on the top shelf of petitioner's locker a ceramic razor blade, with a handle and sheath made from plastic security pen caps, hidden in petitioner's belt. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing contraband and possessing an altered item. Following a tier III disciplinary hearing, he was found guilty of the charges, and the determination...

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