Petitioner was charged in a misbehavior report with the destruction of, and tampering with, state property. A tier III disciplinary hearing ensued, at the conclusion of which the Hearing Officer found petitioner guilty of tampering and imposed a penalty. Following an unsuccessful administrative appeal, petitioner commenced this proceeding pursuant to CPLR article 78 to challenge the determination of guilt.
The misbehavior report, along with the testimony from the...
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