Petitioner was charged in a misbehavior report with possession of a weapon and possession of an altered item after a search of his cell uncovered a shank fashioned out of a toothbrush, paper clip and shoelace. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
Contrary to petitioner's claim, the matter was properly transferred...
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