Petitioner, a prison inmate, was charged in a misbehavior report with lewd conduct after he deliberately masturbated in the presence of a female facility employee. He was found guilty of that charge following a tier III disciplinary hearing and, after an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding.
The misbehavior report, corroborated by the testimony of the female employee who witnessed petitioner's behavior, provide substantial...
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