MATTER OF HIGHT v. COUGHLIN


161 A.D.2d 1079 (1990)

In the Matter of Sean Hight, 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.

May 31, 1990


Kane, J.

Petitioner appeals a determination finding him guilty of charges stemming from his assault on Correction Officer Alec Saddlemire. According to Saddlemire's misbehavior report, petitioner took a swing and struck him in the forehead during a pat frisk. Petitioner then assumed a "fighting stance", refused an order to return to his cell and was pushed back therein by Saddlemire.

On appeal, petitioner argues that he was erroneously denied...

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