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MATTER OF SWINTON v. VENETTOZZI

526257.

164 A.D.3d 1584 (2018)

81 N.Y.S.3d 918

2018 NY Slip Op 06309

In the Matter of Reginald Swinton, Petitioner, v. Donald 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 27, 2018.

A female correction officer observed petitioner openly expose himself while masturbating in his cell. As a result, he was charged in a misbehavior report with engaging in lewd conduct. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was later affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report, together with...

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