Matter of Simpson 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.

A correction officer unlocked petitioner’s cell to release him to the recreation yard in accordance with a go around sheet scheduling him for morning recreation. Petitioner purportedly walked out of his cell and told the officer that he was not reporting to recreation. Petitioner then allegedly refused the…