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MATTER OF DUSHOCK v. PRACK

513503.

98 A.D.3d 777 (2012)

949 N.Y.S.2d 802

2012 NY Slip Op 5871

In the Matter of JOSEPH DUSHOCK, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided August 2, 2012.

Petitioner, a prison inmate, was charged with a disciplinary infraction after a search of his cube resulted in the discovery of a weapon. Petitioner was found guilty of this charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

Because we find that the determination was not supported by substantial evidence...

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