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MATTER OF GONZALEZ v. PRACK

62 A.D.3d 1220 (2009)

878 N.Y.S.2d 923

In the Matter of GABRIEL GONZALEZ, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 28, 2009.

Petitioner, an inmate, was charged in two separate misbehavior reports with violating various prison disciplinary rules. Following a combined tier III hearing, he was found guilty of assaulting staff (two counts), committing an unhygienic act, disobeying a direct order and refusing a search. On administrative appeal, the determination was affirmed with a modified penalty. This CPLR article 78 proceeding seeking annulment ensued.

We confirm. The determination of guilt...

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