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MATTER OF McFADDEN v. VENETTOZZI

65 A.D.3d 1401 (2009)

885 N.Y.S.2d 377

In the Matter of REGINALD McFADDEN, Appellant, v. D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 17, 2009.

Following an incident during which petitioner, an inmate, yelled at a correction officer and threatened to "have [his] brother come up here and kill [the officer's] whole family," he received a misbehavior report which charged him with threats and harassment of an employee. Following a tier III disciplinary hearing, petitioner was found guilty and the determination was upheld on administrative appeal. Petitioner thereafter commenced...

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