MATTER OF AGOSTINI v. VENETTOZZI

535203.

214 A.D.3d 1228 (2023)

186 N.Y.S.3d 420

2023 NY Slip Op 01559

In the Matter of Benedict Agostini, Petitioner, v. Donald Venettozzi, as Acting Director of Inmate Discipline and Special Housing, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 23, 2023.


Attorney(s) appearing for the Case

Benedict Agostini, Comstock, petitioner pro se.

Letitia James , Attorney General, Albany ( Victor Paladino of counsel), for respondent.

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


Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with violent conduct, fighting and creating a disturbance after his cellmate was found bleeding from the side of his head and was...

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