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  5. 76 N.Y.2d 964 (1990)
 

MATTER OF FOSTER v. COUGHLIN

76 N.Y.2d 964 (1990)

In the Matter of David Foster, Appellant, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1990.

Attorney(s) appearing for the Case

James M. Bogin and David C. Leven for appellant.

Robert Abrams, Attorney-General (Patrick Barnett-Mulligan, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

Petitioner, an inmate of Great Meadow Correctional Facility, was charged in a misbehavior report with assault and fighting in violation of prison disciplinary rules. The misbehavior report, dated the day after the incident, was prepared and signed by a correction officer who had not himself...

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