While responding to an area where there was a disturbance among a group of inmates, a correction officer observed petitioner throwing closed fist punches at an unidentified inmate. As a result, petitioner was charged in a misbehavior report with fighting and engaging in violent conduct. Following a tier II disciplinary hearing, he was found guilty of the latter charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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