Petitioner was charged in a misbehavior report with assaulting an inmate and possession of drugs after an investigation revealed that he hired one inmate to "cut" another inmate who had supposedly failed to pay petitioner for drugs. Following a tier III disciplinary hearing, petitioner was found guilty of the assault charge and not guilty of the drug charge. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
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