Carpinello, J.
As a result of an incident which occurred while petitioner was being escorted to the facility exercise yard, one of the escorting correction officers filed a misbehavior report charging petitioner with assault of an employee, refusal to comply with a direct order and interference with an employee. Following a tier III hearing, petitioner was found guilty of the charges and, after pursuing his administrative appeal, petitioner commenced this CPLR article...
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