After another inmate unplugged the television that petitioner had been watching, a verbal disagreement ensued. Thereafter, petitioner was charged in a misbehavior report with violent conduct and creating a disturbance. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. On administrative appeal, that determination was upheld with a modified penalty. This CPLR article 78 proceeding followed.
Initially, respondent concedes, and we...
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