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MATTER OF HARDING v. PRACK

517233.

118 A.D.3d 1231 (2014)

987 N.Y.S.2d 712

2014 NY Slip Op 4820

In the Matter of ERIC HARDING, 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 June 26, 2014.

Petitioner was charged in a misbehavior report with assault, violent conduct, fighting and refusing a direct order as a result of a fight between himself and another inmate. Following a tier III disciplinary hearing, he was found guilty as charged. This determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. Initially, to the extent that petitioner argues in his petition that the determination was not supported by...

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