As the result of an investigation, petitioner was charged in a misbehavior report with assaulting another inmate. 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.
Petitioner contends that he was denied a fair and impartial hearing, primarily because the Hearing Officer was the watch commander and was allegedly involved in the investigation...
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