MATTER OF VOLGARINO v. COUGHLIN


173 A.D.2d 939 (1991)

In the Matter of Michael Volgarino, Petitioner, v. Thomas A. Coughlin III, as Commissioner of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 2, 1991


Petitioner was charged with possessing contraband and smuggling or attempting to smuggle an item into the correctional facility. We reject petitioner's contentions that the hearing was conducted in violation of his due process rights and that the Hearing Officer's determination is not supported by substantial evidence. Petitioner was advised that confidential testimony was being taken and, upon examining that information as relayed by the Correctional Officer, we not only...

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