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MATTER OF FOSTER v. COUGHLIN

156 A.D.2d 806 (1989)

In the Matter of David Foster, Petitioner, 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.

December 14, 1989

Casey, J.

"On July 26, 1988 petitioner, then an inmate of Great Meadow Correctional Facility in Washington County, was charged in a misbehavior report with assault and fighting in violation of prison disciplinary rules. The report was issued by a correction officer who had not personally witnessed the incident. Nevertheless, the report states: "On 7/26/88 at approx 7:30 A.M. inmate [George] Bosque...

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