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MATTER OF BARNES v. VENETTOZZI

517878.

135 A.D.3d 1250 (2016)

23 N.Y.S.3d 488

2016 NY Slip Op 00550

In the Matter of JESSIE J. BARNES, Appellant, v. D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided January 28, 2016.

Petitioner was charged in a misbehavior report with refusing a direct order, violent conduct, making threats, assaulting staff and violating movement procedures following an incident that occurred on September 9, 2011 as his mechanical restraints were being removed in his cell. At the tier III disciplinary hearing, petitioner was twice...

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