During a visit which was recorded on videotape, petitioner and his wife were observed engaging in what appeared to be a sexual act. As a result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule that prohibits inmates from engaging in such conduct. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding...
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