MATTER OF DIAZ v. COUGHLIN


145 A.D.2d 872 (1988)

In the Matter of Ramon Diaz, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

December 29, 1988


Mikoll, J.

Following a Tier III Superintendent's hearing, petitioner was found guilty of stabbing another inmate. The determination was affirmed by respondent Commissioner of Correctional Services. Petitioner commenced this proceeding which was transferred to this court pursuant to CPLR 7804 (g). Petitioner seeks to annul the administrative determination on the ground that his misconduct was not established by legally sufficient evidence in that the stabbing...

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