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MATTER OF SCIVOLETTE v. PRACK

514637.

102 A.D.3d 1024 (2013)

957 N.Y.S.2d 915

2013 NY Slip Op 245

In the Matter of GEORGE J. SCIVOLETTE, 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 January 17, 2013.

Following an investigation, petitioner was charged in a misbehavior report with conspiring to smuggle and possess drugs, drug use and a facility correspondence violation. Petitioner pleaded guilty to violating facility correspondence rules and, after a tier III disciplinary hearing, was found guilty of the remaining charges. The determination was upheld upon administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, hearing...

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