Petitioner, a prison inmate, was found guilty following a tier III disciplinary hearing of creating a disturbance. That charge was set forth in a misbehavior report which indicated that petitioner, while housed in the special housing unit, had yelled threats from his cell to an inmate in another cell. After petitioner exhausted his administrative remedies, he commenced this CPLR article 78 proceeding seeking annulment.
Initially, we agree with petitioner that Supreme...
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