MATTER OF SICURELLA v. COUGHLIN


143 A.D.2d 531 (1988)

In the Matter of Lawrence D. Sicurella, Appellant, v. Thomas Coughlin, III, 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, Fourth Department.

September 27, 1988


Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The charging officer and another eyewitness testified in considerable detail at an inmate disciplinary hearing regarding petitioner's conduct, but did not mention that he used any abusive or obscene language that would support a charge of verbal harassment in violation of 7 NYCRR 270.1 (b) (8) (ii). We conclude that the finding of guilt on the charge of verbal harassment...

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