MATTER OF ALLAH v. VENETTOZZI

522456.

144 A.D.3d 1291 (2016)

2016 NY Slip Op 07371

41 N.Y.S.3d 918

In the MATTER OF KHA'SUN CREATOR ALLAH, Petitioner, v. DONALD VENETTOZZI, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 10, 2016.


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 covering that he was wearing. Additional correction officers needed to be summoned, resulting in the movement of other inmates being stopped. Following a tier III...

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