Matter of McClain v. Venettozzi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with fighting, violent conduct, refusing a direct order and creating a disturbance. According to the report, petitioner was among a group of six inmates who engaged in a fight in the exercise yard. Following a tier III disciplinary hearing, petitioner was found guilty…
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