Petitioner was observed by a correction officer engaged in a fight with another inmate and petitioner continued fighting despite several direct orders to cease. As a result, he was charged in a misbehavior report with assault, fighting, violent conduct and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of all charges. After the determination was upheld upon administrative appeal, petitioner commenced this CPLR article 78 proceeding...
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