Bellinger 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order, possession of drugs and possession of gang materials. The charges stemmed from an *1312incident wherein a correction officer ordered petitioner to empty his pockets. Petitioner responded by throwing three “joint-type”…