Following an incident in which an inmate reported that he had been assaulted by petitioner, who was using a paint scraping tool to remove floor covering at the time, petitioner was charged in a misbehavior report with assault and possessing a weapon. He was found guilty of the former charge but not the latter following a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding.
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