Petitioner was charged in a misbehavior report with conspiring to smuggle and possess drugs, as well as violating facility visitation procedures. After a tier III disciplinary hearing, he was found guilty as charged. His administrative appeal resulted in a modified penalty and, thereafter, he commenced this CPLR article 78 proceeding.
Initially, inasmuch as the misbehavior report was issued in the wake of an ongoing investigation, it was tendered in a timely manner...
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