MATTER OF ABREU v. VENETTOZZI

531027.

186 A.D.3d 1873 (2020)

129 N.Y.S.3d 347

2020 NY Slip Op 05122

In the Matter of Juan Abreu, 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.


Petitioner was charged in a misbehavior report with participating in a demonstration. According to the misbehavior report, 42 inmates, including petitioner, were assembled in a day room for a substance abuse treatment session. When the program aides and the offender rehabilitation coordinator attempted to commence the meeting, all the inmates refused to participate. Thereafter, one of the inmates, in a loud voice, told a program aide that the inmates would not participate...

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