Petitioner was issued a misbehavior report charging him with smuggling and stealing property from the mess hall after a correction officer discovered a packet of Kool-Aid during a frisk of petitioner that was conducted as he left the mess hall. Following a tier II disciplinary hearing, petitioner was found guilty of the charges, and this determination was upheld on administrative appeal. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78.
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