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MATTER OF WEST v. PRACK

513146.

96 A.D.3d 1314 (2012)

947 N.Y.S.2d 217

2012 NY Slip Op 5218

In the Matter of PERCY D. WEST, Appellant, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

June 28, 2012.

Egan Jr., J.

Petitioner, a prison inmate, was charged in a misbehavior report with soliciting a sexual act, engaging in lewd conduct and violating visiting room procedures after a correction officer allegedly witnessed him masturbating and engaging in other prohibited conduct with his wife during a visit. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. Petitioner's subsequent administrative appeal proved

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