After a correction officer confiscated a soda can from his secured hospital room, petitioner struck the officer and became involved in a physical altercation. He was thereafter charged in a misbehavior report with assaulting staff and interfering with an employee. Petitioner was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.<...
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