MATTER OF VARGAS v. COUGHLIN


168 A.D.2d 917 (1990)

In the Matter of Michael Vargas, Appellant, v. Thomas A. Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

December 21, 1990


Judgment unanimously reversed on the law and matter remitted to Department of Correctional Services, in accordance with the following memorandum:

Although petitioner failed to attend his tier III disciplinary hearing, he is nevertheless entitled to receive a written statement setting forth the disposition of the charges, including the evidence relied upon and the reasons for the penalty imposed (7 NYCRR 254.7 [c]). Petitioner's averment that the written disposition...

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