MATTER OF WAH v. COUGHLIN


160 A.D.2d 1054 (1990)

In the Matter of John J. Hop Wah, 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.

April 5, 1990


Levine, J.

The facts in this case are undisputed. On August 29, 1988, petitioner, an inmate at Shawangunk Correctional Facility in Ulster County, was involved in an incident in which he spit in the face of a correction officer. A misbehavior report was prepared by the officer charging petitioner with assault under rule 100.10, which provides that inmates "shall not assault, inflict or attempt to inflict bodily harm upon themselves or to any person" (7...

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