Matter of Henderson v. Venettozzi

Peters, P.J. 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.

Substantial evidence supports the tier III disciplinary determination finding petitioner guilty of assault on staff, violent conduct, refusing a direct order and creating a disturbance (s ee Matter of Boyd v Prack, 136 AD3d 1136, 1136 [2016]). Specifically, the hearing testimony and documentary…