MATTER OF BARNES v. VENETTOZZI

534376.

207 A.D.3d 969 (2022)

172 N.Y.S.3d 775

2022 NY Slip Op 04683

In the Matter of Arrello Barnes, 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 July 21, 2022.


Attorney(s) appearing for the Case

Arrello Barnes, Auburn, petitioner pro se.

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

Garry, P.J., Lynch, Pritzker, Reynolds Fitzgerald and Fisher, JJ., concur.


Petitioner, an incarcerated individual, was charged in a misbehavior report with fighting, engaging in violent conduct, creating a disturbance and refusing a direct order. According to the misbehavior report, petitioner, while in the facility's recreation yard, was observed punching the head and upper body of another incarcerated individual and refused an initial order to stop fighting. Shortly thereafter, petitioner underwent a strip frisk prior to being admitted to the...

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