Petitioner was charged in a misbehavior report with committing an unhygienic act after a search of his cell allegedly uncovered the fingertip of a latex glove filled with urine. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
The misbehavior report and testimony from the correction officer that petitioner, in fact, admitted that the liquid...
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