Petitioner was charged in a misbehavior report with possession of contraband and drugs after a correction officer recovered from his cell a lighter, as well as an empty flex pen and a fork, both which had burn marks and contained residue, which later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding...
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