Humphrey v. Venettozzi

*1436Appeal from a judgment of the Supreme Court (Collins, J.), entered March 15, 2016 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

During a search of petitioner’s cell, a correction officer found, among other things, a sharpened piece of metal resembling an ice pick secreted in the base of a fan. As a result, petitioner was charged in a misbehavior report with various disciplinary…