Petitioner was charged in a misbehavior report with possession of contraband after a routine search of his cell revealed two cigarette lighters. At the tier II hearing that followed, petitioner pleaded guilty, admitting that he possessed the lighters, and a penalty was imposed. When petitioner's administrative appeal proved unsuccessful, he commenced this CPLR article 78 proceeding contending that prison disciplinary rule 113.23 (see 7 NYCRR 270.2 [B] [14] [xiii])...
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