Matter of Myers 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 possessing an altered item after a search of his cell uncovered a hidden weapon in the form of a 5x/2-inch-long black pen with a sharp metal point at the end. Following a tier III disciplinary hearing, petitioner was found guilty of both…