Henderson v. Venettozzi

CourtNew York Supreme Court Appellate Division
Writing for the CourtPETERS, P.J.
Citation142 A.D.3d 1261,37 N.Y.S.3d 924 (Mem),2016 N.Y. Slip Op. 06279
PartiesIn the Matter of Thomas HENDERSON, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.
Decision Date29 September 2016

142 A.D.3d 1261
37 N.Y.S.3d 924 (Mem)
2016 N.Y. Slip Op. 06279

In the Matter of Thomas HENDERSON, Petitioner,
v.
Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Sept. 29, 2016.


Thomas Henderson, Auburn, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondents.

Before: PETERS, P.J., McCARTHY, LYNCH, ROSE and CLARK, JJ.

PETERS, P.J.

142 A.D.3d 1262

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.

Substantial evidence supports the tier III disciplinary determination finding petitioner guilty of assault on staff, violent conduct, refusing a direct order and creating a disturbance (see Matter of Boyd v. Prack, 136 A.D.3d 1136, 1136, 24 N.Y.S.3d 457 [2016] ). Specifically, the hearing testimony and documentary evidence established that petitioner, while initially unconscious and unresponsive upon his arrival at the correction facility medical unit, became combative and uncooperative and ignored direct orders to comply with medical staff so that his vital signs could be taken. According to testimony, petitioner engaged

in violent, thrashing behavior and struck two correction officers with a closed fist while the correction officers attempted to subdue him. Although petitioner maintained that he was suffering from some type of seizure, medical testimony established that an examination of petitioner after the incident did not reveal any signs of a seizure or other medical explanation for his violent conduct. Whether petitioner's conduct was involuntary presented a credibility issue for the Hearing Officer to resolve (see Matter of ...

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5 practice notes
  • In re Roberson
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...by substantial evidence” (Matter of Sciortino [Salina Free Lib.—Commissioner of Labor], 129 A.D.3d 1415, 1416, 12 N.Y.S.3d 370 [2015] ; 142 A.D.3d 1261 see Matter of Malone [Commissioner of Labor], 117 A.D.3d 1306, 1306, 985 N.Y.S.2d 772 [2014] ). “Moreover, ‘[i]ssues of witness credibility......
  • Steele v. Annucci, 529272
    • United States
    • New York Supreme Court Appellate Division
    • December 12, 2019
    ...or redundant (see Matter of Cruz v. Annucci, 152 A.D.3d 1100, 1102, 59 N.Y.S.3d 820 [2017] ; Matter of Henderson v. Venettozzi, 142 A.D.3d 1261, 1262, 37 N.Y.S.3d 924 [2016] ). Furthermore, contrary to petitioner's claim, the record does not reveal that the Hearing Officer was biased or tha......
  • People v. Horton
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...sex offender. Following a hearing, County Court found that defendant was a presumptive level two sex offender based upon a score of 95 37 N.Y.S.3d 924 points, but determined that an upward departure was warranted and classified him as a risk level three sex offender. Defendant now appeals.C......
  • Thuy Pham v. Sperber, Denenberg & Kahan, PC, 529274
    • United States
    • New York Supreme Court Appellate Division
    • December 12, 2019
    ...had notice of such restrictions and was provided an opportunity to accommodate them (see Matter of Roberson [Commissioner of Labor], 142 A.D.3d at 1261, 37 N.Y.S.3d 797 ), substantial evidence supports the Board's finding that claimant left her job for personal and noncompelling reasons. We......
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5 cases
  • In re Roberson
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...by substantial evidence” (Matter of Sciortino [Salina Free Lib.—Commissioner of Labor], 129 A.D.3d 1415, 1416, 12 N.Y.S.3d 370 [2015] ; 142 A.D.3d 1261 see Matter of Malone [Commissioner of Labor], 117 A.D.3d 1306, 1306, 985 N.Y.S.2d 772 [2014] ). “Moreover, ‘[i]ssues of witness credibility......
  • Steele v. Annucci, 529272
    • United States
    • New York Supreme Court Appellate Division
    • December 12, 2019
    ...or redundant (see Matter of Cruz v. Annucci, 152 A.D.3d 1100, 1102, 59 N.Y.S.3d 820 [2017] ; Matter of Henderson v. Venettozzi, 142 A.D.3d 1261, 1262, 37 N.Y.S.3d 924 [2016] ). Furthermore, contrary to petitioner's claim, the record does not reveal that the Hearing Officer was biased or tha......
  • People v. Horton
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...sex offender. Following a hearing, County Court found that defendant was a presumptive level two sex offender based upon a score of 95 37 N.Y.S.3d 924 points, but determined that an upward departure was warranted and classified him as a risk level three sex offender. Defendant now appeals.C......
  • Thuy Pham v. Sperber, Denenberg & Kahan, PC, 529274
    • United States
    • New York Supreme Court Appellate Division
    • December 12, 2019
    ...had notice of such restrictions and was provided an opportunity to accommodate them (see Matter of Roberson [Commissioner of Labor], 142 A.D.3d at 1261, 37 N.Y.S.3d 797 ), substantial evidence supports the Board's finding that claimant left her job for personal and noncompelling reasons. We......
  • Request a trial to view additional results

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