Petitioner, a prison inmate, was charged in a misbehavior report with lewd conduct and, following a tier III disciplinary hearing, was found guilty of that charge. After the determination was affirmed upon administrative appeal, petitioner commenced this CPLR article 78 proceeding.
We reverse. Lewd conduct is defined in the standards of inmate behavior as "intentionally masturbating in the presence of an employee, or intentionally exposing the private parts of his...
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