MATTER OF FIGUEROA v. PRACK

520125.

131 A.D.3d 1311 (2015)

16 N.Y.S.3d 360

2015 NY Slip Op 06846

In the Matter of LEIN FIGUEROA, 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 September 17, 2015.


Following a search of his cell, petitioner was charged in a misbehavior report with possession of a controlled substance and unauthorized organization. Following a tier III disciplinary hearing, he was found guilty of the charges and, on administrative appeal, that determination was affirmed with a reduction in the penalty. Petitioner thereafter commenced this CPLR article 78 proceeding.

The misbehavior report, testimony of its author and the testing officer, positive...

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