MATTER OF NIEVES v. COUGHLIN


157 A.D.2d 945 (1990)

In the Matter of Phillip Nieves, 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.

January 18, 1990


Mahoney, P. J.

According to the misbehavior report of Correction Officer C. F. Kelly, Jr., on July 17, 1988 petitioner, who was serving one year in the special housing unit (hereinafter SHU) at Great Meadow Correctional Facility in Washington County, called Kelly to his cell and stated: "I know you helped set me up. * * * It don't matter to me, I'll do a year in the box and then come out strong on you!" As...

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