Petitioner, a prison inmate, was charged in a misbehavior report with possessing a tool and possessing contraband after a search of a cube that he occupied alone revealed a pen with the tip of a screwdriver inserted in it and a SIM cellular telephone card taped to the bottom of a locker. Following a tier III disciplinary hearing, he was found guilty as charged. The determination was upheld on administrative appeal, prompting this CPLR article 78 proceeding.
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