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MATTER OF BENITEZ v. COUGHLIN

159 A.D.2d 986 (1990)

In the Matter of Enrique Benitez, Appellant, v. Thomas 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.

March 16, 1990

Judgment unanimously affirmed.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges a determination made following a Tier III prison disciplinary hearing finding him guilty of assault and disobeying direct orders. He contends that he was denied due process because the disciplinary hearing was not conducted by a "neutral and detached" Hearing Officer (see, Morrissey v Brewer, 408 U.S. 471).

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