Petitioner was charged in a misbehavior report with an attempted sexual act and an attempt to forcibly touch an employee after he tried to kiss a female staff member. Following a tier III disciplinary hearing, he was found guilty of attempted forcible touching. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
The misbehavior report and the hearing testimony of the victim provide substantial evidence to support...
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