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MATTER OF ANTINUCHE v. VENETTOZZI

533177.

197 A.D.3d 1498 (2021)

153 N.Y.S.3d 712

2021 NY Slip Op 05159

In the Matter of Michael Antinuche, 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 30, 2021.

Attorney(s) appearing for the Case

Michael Antinuche, Fallsburg, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Lynch, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

During the course of an investigation, correction officials received confidential information indicating that petitioner had placed a razor blade in a facility recycling bin because he was conspiring with another incarcerated individual to assault a third incarcerated individual in the housing unit regarding a debt owed. A subsequent search of the recycling bins revealed a small piece of folded tissue paper that contained a razor blade. As a result, petitioner was charged...

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