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MATTER OF RIVERA v. VENETTOZZI

534650.

208 A.D.3d 1529 (2022)

174 N.Y.S.3d 290

2022 NY Slip Op 05253

In the Matter of Manuel Rivera, 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 22, 2022.

Attorney(s) appearing for the Case

Manuel Rivera, Alden, petitioner pro se.

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

Garry, P.J., Egan Jr., Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.

Petitioner, an incarcerated individual, was charged in a misbehavior report with assaulting staff, forcible touching, making threats, refusing a direct order and harassment. According to the report, petitioner was being pat frisked and was ordered by the correction officer to put his hands up and into his body when he reached back and grabbed the officer's breasts. The officer then pushed petitioner's hands away from her before...

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