Petitioner was charged in a misbehavior report with possession of a fermenting substance. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty and a penalty was imposed. Petitioner's administrative appeal and subsequent request for reconsideration proved unsuccessful, prompting him to commence this CPLR article 78 proceeding to challenge the determination of guilt.
The misbehavior report and the testimony of the sergeant who...
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