Kha'Sun Creator Allah 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 creating a disturbance, possession of contraband, interfering with an employee and refusing a direct order. According to the misbehavior report, petitioner became defiant and hostile when ordered by a correction officer to surrender an unauthorized religious head…