After petitioner was observed by a female correction officer sitting in a telephone booth across from her desk not talking on the telephone, but staring at her with his hand inside his pants, he was found guilty following a tier III disciplinary hearing of the charge of harassment. The determination was affirmed on administrative appeal, but the penalty was modified. This CPLR article 78 proceeding ensued.
The detailed misbehavior report, which related that petitioner...
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