Love v. Prack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner was charged in a misbehavior report with the sale of a controlled substance and fighting when a fellow inmate *1308informed a correction officer that he had purchased marihuana from petitioner and, failing to pay, was punched in the face. Following a tier III disciplinary hearing, petitioner was found not guilty of fighting and guilty of the sale of a controlled substance. After an administrative affirmance, petitioner commenced a CPLR article 78 proceeding and Supreme Court (Devine, J.), based on the fact that a transcript of the hearing was unavailable, remitted the matter for a…
2Cases cited7 opinions
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