After a search of petitioner's cell recovered tobacco, matches, rolling papers and a striker hidden inside a mattress, he was charged in a misbehavior report with possession of excess tobacco, possession of contraband and smuggling. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges. On administrative appeal, the determination was affirmed with a modified penalty. Petitioner then commenced this CPLR article 78 proceeding...
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