Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating several prison disciplinary rules, including creating a disturbance, violent conduct and assault on staff. Three audio tapes had been used to record the disciplinary hearing, however, upon being informed that one of the audio tapes was defective and inadvertently destroyed, respondent moved to annul the determination and...
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