MATTER OF NIEVES v. COUGHLIN


157 A.D.2d 943 (1990)

In the Matter of Phillip Nieves, 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.

January 18, 1990


Mercure, J.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was charged with refusal to obey a direct order and possession of a controlled substance as a result of a July 10, 1988 incident. According to evidence adduced at a Tier III hearing, as petitioner was walking through the prison's rotunda area, Correction Officer Keith Hendry ordered him to stop in order to conduct a pat frisk. Rather than comply with the order...

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