Santiago v. Venettozzi

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.

A cell frisk of petitioner’s prison cell revealed a hidden weapon in the form of a 5V4-inch-long eyeglass arm with a sharpened metal point at the end. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument, possessing an altered item and altering state property.…