Following the investigation of an incident in which an inmate was attacked and found in a semiconscious state, petitioner was charged in a misbehavior report with assaulting an inmate, engaging in violent conduct and engaging in disorderly conduct. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing, and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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