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MATTER OF DE TORRES v. COUGHLIN

135 A.D.2d 1068 (1987)

In the Matter of Ettore De Torres, Petitioner, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

December 30, 1987

Kane, J. P.

Petitioner, an inmate at Auburn Correctional Facility, was charged in a misbehavior report with assaulting a fellow prisoner named Fred Watson on June 27, 1985. The report described an incident which occurred at about 7:25 P.M. on the date in question at the south yard weight post, at which time Correction Officer Christopher Barrette became aware of a commotion behind him and turned to notice...

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