Matter of Chen 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 smuggling, possessing a tool without authorization and possessing an article in an area where its possession is prohibited. The charges stemmed from his failure to return a seam ripper that had been assigned to him earlier that day as part of his job in the…