MATTER OF TOLDEN v. COUGHLIN


90 A.D.2d 929 (1982)

In the Matter of Jerome Tolden, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

November 24, 1982


Petitioner is an inmate at the Coxsackie Correctional Facility. On June 11, 1980, a misbehavior report was filed against him. Petitioner completed a superintendent's proceeding notice and assistance form on which he answered the question "[d]oes inmate request that witnesses be interviewed?" with "no". At the subsequent superintendent's proceeding, however, petitioner asked the hearing officer to interview a witness. The officer promptly adjourned the hearing, interviewed...

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