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MATTER OF WAH v. COUGHLIN

162 A.D.2d 887 (1990)

In the Matter of John J. Hop Wah, 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.

June 28, 1990

Kane, J. P.

Petitioner was charged with and found guilty of violating prison disciplinary rule 100.10 prohibiting assault (see, 7 NYCRR 270.1 [B] [1] [i]) after an incident during which he twice threw a cup of milk onto a correction officer. The sole basis for petitioner's challenge to the determination is that the act, admitted to by petitioner, did not constitute an assault, as envisioned by the rule...

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