MATTER OF KELEMEN v. COUGHLIN


100 A.D.2d 732 (1984)

In the Matter of Joseph Kelemen, on Behalf of Robert Tumminia, Appellant, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

March 6, 1984


Judgment unanimously reversed, determination annulled and matter remitted to respondents for further proceedings, in accordance with the following memorandum: Petitioner, an inmate at the Attica Correctional Facility, was charged with a violation of rule 108.13 which provides that an "inmate shall not be in possession of any article or paraphernalia which gives reasonable grounds to believe escape is planned" (emphasis added). Petitioner admitted that he possessed...

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