Petitioner was charged in a misbehavior report with fighting, creating a disturbance, possessing a weapon and refusing a direct order. He was found guilty of the charges following a tier III disciplinary hearing, and the determination was upheld on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and the testimony of its author, who witnessed the incident, provide substantial evidence to support...
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