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MATTER OF SABINO v. PRACK

514230.

101 A.D.3d 1202 (2012)

955 N.Y.S.2d 674

2012 NY Slip Op 8381

In the Matter of SAUL SABINO, 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.

December 6, 2012.

Following an investigation, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting violent conduct, fighting and drug possession. A tier III disciplinary hearing was conducted, at the end of which he was found guilty as charged. Petitioner commenced this CPLR article 78 proceeding after his administrative appeal proved unsuccessful.

Respondent initially concedes, and we...

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