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MATTER OF GARCIA v. LeFEVRE

64 N.Y.2d 1001 (1985)

In the Matter of Carlos Garcia, Appellant, v. Eugene S. LeFevre, as Superintendent of Clinton Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1985.

Attorney(s) appearing for the Case

Peter W. Avery and David C. Leven for appellant.

Robert Abrams, Attorney-General (Martin Hotvet, Peter H. Schiff and Robert Hermann of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed and the determination of the Commissioner of the Department of Correctional Services annulled.

Carlos Garcia, an inmate of Clinton Correctional Facility was charged with violations of certain disciplinary rules of that facility. At the disciplinary hearing that followed service upon Garcia of the misbehavior report signed by Correction Officer...

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