After petitioner, a prison inmate, was observed making several exchanges between his mouth and anus while using the inmate bathroom in the visiting room, he was served with a misbehavior report charging him with, as relevant here, smuggling. Petitioner was found guilty of this charge following a tier III disciplinary hearing, and that determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
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