Brower v. D. 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with engaging in violent conduct and violating facility visiting procedures after a correction officer witnessed petitioner, among other things, grab his wife’s neck during a visit. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty was…