While being escorted to a disciplinary hearing, petitioner tried to kick another inmate who was seated on a bench nearby. As a result, he was charged in a misbehavior report with the attempted assault of an inmate. He was found guilty of the charge following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the testimony of the correction...
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