MATTER OF GASTON v. COUGHLIN


182 A.D.2d 1085 (1992)

In the Matter of Kenneth Gaston, Petitioner, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 24, 1992


Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: On May 19, 1990, there was a food strike at the Auburn Correctional Facility. Based upon confidential information received from an inmate by a correction officer, petitioner was charged with organizing the food strike in violation of 7 NYCRR 270.2 (B) (5) (iii). After a Tier III rehearing, at which petitioner and two other inmates testified that petitioner had not...

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