MATTER OF BATES v. COUGHLIN


145 A.D.2d 854 (1988)

In the Matter of Prince Bates, Respondent, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Appellant

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

December 22, 1988


Casey, J.

Petitioner, an inmate at Midstate Correctional Facility in Oneida County, was found guilty of violating a prison rule after a Superintendent's hearing. Following the denial of his administrative appeal, petitioner commenced this CPLR article 78 proceeding, alleging that the Hearing Officer committed certain errors regarding petitioner's right to call witnesses at the hearing. Respondent contended that petitioner failed to preserve the alleged...

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