When a female correction officer approached petitioner's cell early in the morning after calling the count, she observed petitioner standing facing the cell door with his penis in his hand. As a result, petitioner was charged in a misbehavior report with engaging in lewd conduct. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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