Legal Opinion
Arrington v. Venettozzi
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2011PublishedCited by 9 opinions
1Opinion of the Court
After a search of petitioner’s cell revealed letters that included gang references, he was served with a misbehavior report charging him with possession of gang materials. Petitioner was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed on administrative appeal with a reduction in the penalty assessed. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The seized letters, along with the misbehavior report, petitioner’s admissions during the hearing and the testimony of a correction officer specially trained to identify…
2Cases cited5 opinions
- Flournoy v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Wheeler-Whichard v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Montgomery v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Delos Santos v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
- Bilal v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Rodriguez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Malave v. BedardAppellate Division of the Supreme Court of the State of New York · 2017
- Chandler v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
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