MATTER OF DANIELS v. VENETTOZZI

535675.

219 A.D.3d 1000 (2023)

193 N.Y.S.3d 439

2023 NY Slip Op 04166

In the Matter of Terrance Daniels, Petitioner, v. Donald J. Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided August 3, 2023.


Attorney(s) appearing for the Case

Terrance Daniels, Dannemora, petitioner pro se.

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

Garry, P.J., Egan Jr., Clark, 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 a prison disciplinary rule.

During a block-wide cell search, a correction officer observed petitioner approach the bars of his cell with an object in his hand and then throw the object on the company floor. The correction...

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