After hearing a loud banging sound, a correction officer proceeded to petitioner's cell where he observed food on the cell bars and floor leading him to conclude that petitioner had thrown his food tray. As a result, petitioner was charged in a misbehavior report with committing an unhygienic act. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued....
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