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McDERMOTT v. COUGHLIN

135 Misc.2d 659 (1987)

In the Matter of Wayne McDermott, Petitioner, v. Thomas Coughlin, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Supreme Court, Chemung County.

March 20, 1987

Attorney(s) appearing for the Case

Brendan O'Donnell for petitioner. Robert Abrams, Attorney-General (James B. McGowan of counsel), for respondents.

CHARLES B. SWARTWOOD, J.

Petitioner brings this special proceeding pursuant to CPLR article 78 for a judgment (1) declaring null and void an October 2, 1985 Superintendent's hearing (7 NYCRR part 254 [Tier III disciplinary hearing]) on the basis that said hearing was conducted in violation of lawful procedures; (2) restoring to petitioner all privileges and good behavior time allowances lost as a result of...

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