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MATTER OF LOVE v. PRACK

512032.

89 A.D.3d 1307 (2011)

932 N.Y.S.2d 595

2011 NY Slip Op 8263

In the Matter of GREGORY LOVE, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 17, 2011.

Petitioner was charged in a misbehavior report with the sale of a controlled substance and fighting when a fellow inmate informed a correction officer that he had purchased marihuana from petitioner and, failing to pay, was punched in the face. Following a tier III disciplinary hearing, petitioner was found not guilty of fighting and guilty of the sale of a controlled substance. After an administrative affirmance, petitioner commenced...

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