Petitioner was charged in a misbehavior report with possessing unauthorized medication and an altered item after a search of his cell disclosed an impermissible amount of medication (three ibuprofen tablets). Following a tier II disciplinary hearing, petitioner was found guilty as charged, and his subsequent administrative appeal proved to be unsuccessful. This CPLR article 78 proceeding ensued.
Initially, respondents concede — and we agree — that the...
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