Dawes v. Venettozzi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1220Petitioner was charged in two misbehavior reports with numerous prison disciplinary rule violations arising from his concealment of suspected items of contraband in his mouth and in his rectum. After a tier III disciplinary hearing, he was found guilty of creating a disturbance as charged in the first misbehavior report and interfering with an employee, refusing a direct order and failing to comply with frisk procedures as charged in the second misbehavior report. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.
Respondent concedes that the…
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