MATTER OF BOLE v. COUGHLIN


132 A.D.2d 70 (1987)

In the Matter of Charles Bole, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

December 3, 1987


Attorney(s) appearing for the Case

Karen L. Murtagh-Monks and David C. Leven for appellant.

Robert Abrams, Attorney-General (Julie S. Mereson and Wayne L. Benjamin of counsel), for respondent.

MAHONEY, P. J., MAIN and YESAWICH, JR., JJ., concur with LEVINE, J.; KANE, J., dissents and votes to affirm in an opinion.


LEVINE, J.

Petitioner, an inmate at Mid-State Correctional Facility, was charged in a misbehavior report with one count of refusing a direct order from a correction officer and one count of conduct disturbing the order of the facility. After a Superintendent's hearing, petitioner was found guilty of both charges and received a penalty of 45 days' room confinement and loss of certain privileges. This determination...

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