MATTER OF STRAUSS v. VENETTOZZI

530382.

186 A.D.3d 1862 (2020)

131 N.Y.S.3d 415

2020 NY Slip Op 05112

In the Matter of Charles Strauss, Appellant, 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.


Petitioner was charged in two misbehavior reports with violating various prison disciplinary rules following searches of his cell on December 6, 2018. The first report alleged that, during a search of petitioner's cell at 5:35 p.m., a correction officer discovered a plastic shank in the air vent and 58 packs of cigarettes in a box under his desk, in excess of the 20-pack limit, and charged him with possession of a weapon and excessive tobacco. The second report alleged that...

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