Petitioner was charged in a misbehavior report with disobeying a direct order, being out of place and creating a disturbance after he went to the law library and failed to report to work in the mess hall as scheduled. Following a tier II disciplinary hearing, petitioner was found guilty of being out of place and not guilty of the remaining charges. The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.
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