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MATTER OF ESPINAL v. COUGHLIN

153 A.D.2d 778 (1989)

In the Matter of Benjamin Espinal, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

August 24, 1989

Yesawich, Jr., J.

This matter was remitted to Supreme Court for supplementation of the record on the issue of bad faith regarding the failure to preserve a videotape recording of a misbehavior incident for which petitioner was disciplined (149 A.D.2d 904). Respondent has submitted an affidavit by the Hearing Officer who conducted petitioner's hearing, in which he avers that "[b]ecause of the expense involved * * * videotapes...

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