Petitioner, a prison inmate, was charged in a misbehavior report with engaging in lewd conduct and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed and this CPLR article 78 proceeding seeking annulment ensued.
As an initial matter, we note that Supreme Court improperly transferred this proceeding to this Court on substantial evidence grounds inasmuch as...
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