Matter of Bellamy 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.

Petitioner was charged in a misbehavior report with possessing a weapon and smuggling. According to the misbehavior report, petitioner reported that he had swallowed a weapon two days earlier that he had been concealing in his mouth and that it was caught in his throat. After being examined at the correctional…