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MATTER OF GROSS v. PRACK

519383.

127 A.D.3d 1532 (2015)

6 N.Y.S.3d 329

2015 NY Slip Op 03595

In the Matter of LARRY GROSS, 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 April 30, 2015.

Petitioner was charged in a misbehavior report with lewd behavior, stalking and refusing a direct order stemming from an incident involving a librarian at the correctional facility. Following a tier III disciplinary hearing, petitioner was found guilty of lewd behavior and refusing a direct order. Upon administrative review, the determination was modified to the extent that the penalty was reduced. This CPLR article 78 proceeding ensued.

We agree with petitioner that...

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