Petitioner, an inmate, was charged in a misbehavior report with making false statements and being out of place. Following a tier II disciplinary hearing, he was found guilty of both charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
The misbehavior report, authored by the correction officer who observed and ascertained the facts of the incident, provides substantial evidence to support...
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