Kavanagh, J.
Petitioner, a prison inmate, was charged in a misbehavior report with possessing a weapon after a frisk of his cell revealed a plastic shank secreted in a sock found in a bag between the toilet and a wall. Petitioner was found guilty following a tier III disciplinary hearing and, after an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding seeking annulment of that determination.
Initially, we find that the determination...
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