Petitioner was charged in a misbehavior report with making threats and harassment. According to the report, a correction officer was conducting rounds and approached petitioner's cell, and petitioner became verbally abusive and told the officer to "crack my cell so we can settle this." Following a tier II disciplinary hearing, petitioner was found guilty of both charges. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding ensued.<...
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