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MATTER OF HARTJE v. COUGHLIN

70 N.Y.2d 866 (1987)

In the Matter of Albert Hartje et al., Appellants, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Lee A. Davis and David C. Leven for appellants.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Frank K. Walsh of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be modified by deleting so much of that order as remitted the matters to respondent for new hearings, directing that all references to the proceedings be expunged and otherwise affirmed.

Upon respondent's concession that the challenged disciplinary determinations were not supported by substantial evidence, but that there...

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