Peters, J.
Petitioner, a prison inmate, was charged in a misbehavior report with creating a disturbance, assaulting staff and refusing a direct order. Following a tier III hearing, he was found guilty of all charges. On administrative appeal, the determination was upheld, although the penalty was modified. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination. Supreme Court dismissed the petition, prompting this appeal.
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